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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: 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: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category : Law
Languages : en
Pages : 560
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Book Description
This book is a comprehensive study of secession from an international law perspective.
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.
Author: Juan Francisco Escudero Espinosa
Publisher: Springer
ISBN: 3319726226
Category : Law
Languages : en
Pages : 221
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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: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1107117984
Category : History
Languages : en
Pages : 321
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Book Description
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author: Pau Bossacoma Busquets
Publisher: Springer Nature
ISBN: 3030265897
Category : Law
Languages : en
Pages : 393
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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: Martin Belov
Publisher: Springer Nature
ISBN: 3030644022
Category : Political Science
Languages : en
Pages : 315
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Book Description
This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
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.
Author: Giacomo Delledonne
Publisher: Springer
ISBN: 3030034690
Category : Political Science
Languages : en
Pages : 295
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Book Description
This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Category : Law
Languages : en
Pages : 943
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Book Description
Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
