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Author: Marc Weller
Publisher: BRILL
ISBN: 9004174885
Category : Political Science
Languages : en
Pages : 225
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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: Marc Weller
Publisher: BRILL
ISBN: 9004174885
Category : Political Science
Languages : en
Pages : 225
Get Book Here
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: Andrew Coleman
Publisher: Routledge
ISBN: 1135115923
Category : Law
Languages : en
Pages : 372
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Book Description
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Author: Malik Dahlan
Publisher: Oxford University Press
ISBN: 0190935014
Category : Religion
Languages : en
Pages : 459
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Book Description
Dahlan offers an alternative vision of Islamic governance through the history and promise of the Hijaz, the first state of Islam. The Hijaz, in the west of present-day Saudi Arabia, was the first Islamic state in Mecca and Medina. This new interpretative history offers a fresh vision of Islamic governance and law as a positive force for political reform in the Middle East and beyond. Applying key Islamic principles of public good to contemporary life, Malik Dahlan challenges two dominant narratives. He reclaims the development of Islamic statecraft as the wellspring of collective identity and statesmanship in the Arab world, simultaneously influenced and disrupted by Westphalian statehood models and Enlightenment notions of self-determination. He equally rejects the appropriation of Islamic governance and the Caliphate concept by both the post-modern, non-territorial Al-Qaeda and the neo-medievalist ISIS. Celebrating the history and untapped potential of a region where Arab leaders built the ideological foundations of an emerging polity, The Hijaz is a compelling alternative analysis of governance in the Arabian Peninsula and the global Islamic community, and of its interaction with the wider world.
Author: Kristina Roepstorff
Publisher: Routledge
ISBN: 1136177949
Category : Political Science
Languages : en
Pages : 209
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Book Description
Since the formation of the UN in 1945 the international community has witnessed a number of violent self-determination conflicts such as the disintegration of Yugoslavia, Chechnya, Kashmir, and South Sudan that have been a major cause of humanitarian crises and destruction. This book examines the scope and applicability of political self-determination beyond the decolonisation process. Explaining the historical evolution of self-determination, this book provides a theoretical examination of the concept and background. Taking an interdisciplinary approach, the author analyses self-determination in relation to contemporary conflicts, which inform and drive a coherent theoretical framework for international responses to claims for self-determination. Built upon an examination of the conceptual foundations of self-determination, this book presents a new understanding and application of self-determination. It addresses the important question of whether self-determination claims legitimate armed violence, either by the self-determining group’s right to rebel, or by the international community in the form of humanitarian intervention. The Politics of Self-Determination will be of interest to students and scholars of political science, international relations, security studies and conflict studies.
Author: Milena Sterio
Publisher: Routledge
ISBN: 1136188606
Category : Law
Languages : en
Pages : 226
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Book Description
This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.
Author: Martin Wählisch
Publisher: Bloomsbury Publishing
ISBN: 1509914226
Category : Law
Languages : en
Pages : 247
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Book Description
This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.
Author: Matthew Saul
Publisher: Cambridge University Press
ISBN: 1107055318
Category : Law
Languages : en
Pages : 285
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Book Description
How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.
Author: Panu-Matti Pöykkö
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110990644
Category : History
Languages : en
Pages : 310
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Book Description
This volume brings together scholars from intellectual history, social sciences, philosophy and theology to evaluate central questions concerning political violence and aggression. This multidisciplinary collection of essays critically investigates forms and modes of justification of political violence from historical and contemporary perspectives, especially within the context of the development of the idea of Europe and modern European identity. What is meant by political violence and aggression? When and under which conditions is it justified? Who has the right to exercise it and against whom? Answers differ depending on various factors such as pre-established ends, available resources and possibilities of action, historical and socio-economic context, the ideological, political, and religious-theological background of the actors. The volume pays special attention to (a) how the above questions have been addressed and answered political, philosophical and theological thought, and (b) what kind of ideological currents and historical events lay at the background of such considerations.
Author: Svenja Gertheiss
Publisher: Springer
ISBN: 3319504452
Category : Political Science
Languages : en
Pages : 322
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Book Description
This edited volume analyses different forms of resistance against international institutions and charts their success or failure in changing the normative orders embodied in these institutions. Non-state groups and specific states alike advocate alternative global politics, at the same time finding themselves demonized as pariahs and outlaws who disturb established systems of governance. However, over time, some of these actors not only manage to shake off such allegations, but even find their normative convictions accepted by international institutions. This book develops an innovative conceptual framework to understand and explain these processes, using seven cases studies in diverse policy fields; including international security, health, migration, religion and internet politics. This framework demonstrates the importance of coalition-building and strategic framing in order to form a successful resistance and bring change in world politics.
Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232966
Category : Law
Languages : en
Pages : 671
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Book Description
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
