Secession in International Law

Secession in International Law PDF Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239

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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.

Self-Determination and Collective Responsibility in the Secessionist Struggle

Self-Determination and Collective Responsibility in the Secessionist Struggle PDF Author: Dr Costas Laoutides
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472433122
Category : Political Science
Languages : en
Pages : 273

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Book Description
In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity.

Secession in International Law

Secession in International Law PDF Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239

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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.

Self-Determination and Secession in Africa

Self-Determination and Secession in Africa PDF Author: Redie Bereketeab
Publisher: Routledge
ISBN: 1317649680
Category : Business & Economics
Languages : en
Pages : 326

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Book Description
This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.

Identity, Self-Determination and Secession

Identity, Self-Determination and Secession PDF Author: Igor Primoratz
Publisher: Routledge
ISBN: 1351156063
Category : Philosophy
Languages : en
Pages : 289

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Book Description
Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States.

Secession

Secession PDF Author: Allen Buchanan
Publisher: Westview Press
ISBN:
Category : Philosophy
Languages : en
Pages : 202

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Book Description
This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Secession and Self-Determination

Secession and Self-Determination PDF Author: Stephen Macedo
Publisher: NYU Press
ISBN: 0814756891
Category : History
Languages : en
Pages : 336

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Book Description
The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?

International Law and Self-Determination

International Law and Self-Determination PDF Author: Joshua Castellino
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041114099
Category : Law
Languages : en
Pages : 318

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Book Description
TABLE OF UN DOCUMENTS.

Self-Determination and Secession in International Law

Self-Determination and Secession in International Law PDF Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006912
Category : Law
Languages : en
Pages : 337

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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.

Self-determination

Self-determination PDF Author: Patricia Carley
Publisher:
ISBN:
Category : Boundary disputes
Languages : en
Pages : 32

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Book Description


Secessionist Movements and Ethnic Conflict

Secessionist Movements and Ethnic Conflict PDF Author: Beata Huszka
Publisher: Routledge
ISBN: 1134687842
Category : Political Science
Languages : en
Pages : 240

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Book Description
This book analyses how national independence movements’ rhetoric can inflame or dampen ethnic violence. It examines the extent to the power of words matters when a region tries to break away to become a nation state. Using discourse analysis, this book examines how the process of secession affects internal ethnic relations and analyses how politicians interpret events and present arguments with the intention to mobilize their constituencies for independence. With in-depth case studies on the Slovenian, the Croatian and the Montenegrin independence movements, and by looking at cases from Indonesia and Spain, the author investigates how rhetoric affect internal ethnic relations during secession and how events and debate shape each other. The author demonstrates how in some cases of self-determination elites push for a higher level of sovereignty in the name of economic advancement, whereas in other cases, self-determination movements refer to ethnic identity and human rights issues. Explaining how and why certain discourses dominate some independence movements and not others, Secessionist Movements and Ethnic Conflict will be of interest to students and scholars of politics, history, nationalism, ethnic conflict and discourse analysis.