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Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108484409
Category : Law
Languages : en
Pages : 293
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Book Description
A clear and accessible study of the principle of internal self-determination in international law.
Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108484409
Category : Law
Languages : en
Pages : 293
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Book Description
A clear and accessible study of the principle of internal self-determination in international law.
Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 9781108735834
Category : Law
Languages : en
Pages : 0
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Book Description
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.
Author: Fernando R. Tesón
Publisher: Cambridge University Press
ISBN: 1107119138
Category : Law
Languages : en
Pages : 259
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Book Description
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author: David Raic
Publisher: BRILL
ISBN: 904740338X
Category : Law
Languages : en
Pages : 515
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Book Description
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
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.
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 1108662307
Category : Law
Languages : en
Pages : 1074
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Book Description
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author: Antonio Cassese
Publisher: Cambridge University Press
ISBN: 9780521637527
Category : Law
Languages : en
Pages : 398
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Book Description
The self-determination of peoples is a major issue in the world community: both radical and subversive, it serves to grant statehood to oppressed peoples, but also to disrupt existing State structures. This book, the first comprehensive legal account, sets out to trace how this political ideal has turned into an international legal standard. Scrutinising State practice through national digests and UN proceedings the author pinpoints the limits within which this political postulate has gained a foothold in the body of international law and assesses the extent to which it has had an impact on existing legal norms. This is primarily a legal inquiry which, however, looks at law within its historical and political context and, given its judicial underpinning, makes an important contribution to the study of the interplay of law, history, and politics in international relations.
Author: Duncan French
Publisher:
ISBN: 9781107312388
Category : Legitimacy of governments
Languages : en
Pages : 534
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Book Description
The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.
Author: Ulrike Barten
Publisher: Springer
ISBN: 3319088769
Category : Law
Languages : en
Pages : 299
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Book Description
The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.
Author: Anne Bayefsky
Publisher: BRILL
ISBN: 9004505822
Category : Law
Languages : en
Pages : 522
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Book Description
The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
