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Author: Simone F. van den Driest Publisher: ISBN: 9781780681535 Category : Secession Languages : en Pages : 0
Book Description
It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
Author: Simone F. van den Driest Publisher: ISBN: 9781780681535 Category : Secession Languages : en Pages : 0
Book Description
It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
Author: Milena Sterio Publisher: Edward Elgar Publishing ISBN: 1785361228 Category : Law Languages : en Pages : 239
Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Author: Duncan French Publisher: Cambridge University Press ISBN: 1107029333 Category : Law Languages : en Pages : 585
Book Description
This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Author: Juan Francisco Escudero Espinosa Publisher: Springer ISBN: 3319726226 Category : Law Languages : en Pages : 221
Book Description
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
Author: Pau Bossacoma Busquets Publisher: Springer Nature ISBN: 3030265897 Category : Law Languages : en Pages : 393
Book Description
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Author: Marc Weller Publisher: BRILL ISBN: 904742834X Category : Law Languages : en Pages : 224
Book Description
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Author: Christian Walter Publisher: OUP Oxford ISBN: 0191006912 Category : Law Languages : en Pages : 337
Book Description
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Author: Ryan D Griffiths Publisher: ECPR Press ISBN: 1785523341 Category : Political Science Languages : en Pages : 300
Book Description
How can we understand the strategic interaction between secessionist movements and sovereign states? A casual review of the many secessionist struggles around the world, both violent and peaceful, shows a variety of types. Some, like Catalonia, are pursuing their ends using combinations of electoral capture and civil demonstrations, just as the Spanish government is working to delegitimize these efforts and defeat them in the polls. Regions like Nagorno Karabakh (Artsakh) lack the same institutional connectivity with the larger state of Azerbaijan and are relegated to a de facto (but unrecognized) status where defense, deterrence, and diplomacy are critical. For its part, Azerbaijan invokes its territorial integrity and attempts to deny all forms of recognition to the breakaway region. Other regions from West Papua to Tibet are faced with the hard choice between civil resistance and the use of violence, and their states are keen to suppress their efforts and hide them from the world. What features are common across all of these examples, and how do they differ? This volume synthesizes a number of theories and theoretical approaches that purport to explain the strategies of secession and counter-secession. This is an important topic. Apart from the many legal and cartographical issues that attend secessionist activity, the potential for conflict is a very real concern. Estimates put the share of civil wars driven by secessionism at about 50%. Firstly, and according to Barbara Walter, secessionism is the chief source of violence in the world today. Secondly, secessionism is destabilizing because, at the least, it presents a direct challenge to existing political systems. Yet surprisingly, the strategic interaction between states and secessionists is an area in which we have incomplete understanding.
Author: Simone F. van den Driest
Author: Simone F. van den Driest
Author: Marcelo G. Kohen
Author: Milena Sterio
Author: Duncan French
Author: Juan Francisco Escudero Espinosa
Author: Pau Bossacoma Busquets
Author: Marc Weller
Author: Christian Walter
Author: Christopher Heath Wellman
Author: Ryan D Griffiths