Kosovo: A Precedent? PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Kosovo: A Precedent? PDF full book. Access full book title Kosovo: A Precedent? by James Summers. Download full books in PDF and EPUB format.
Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175997
Category : Law
Languages : en
Pages : 472
Get Book Here
Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175997
Category : Law
Languages : en
Pages : 472
Get Book Here
Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: Annemarie Peen Rodt
Publisher:
ISBN: 9781138851276
Category : Kosovo (Republic)
Languages : en
Pages : 0
Get Book Here
Book Description
Kosovo embodies a key moment in the international practice of dealing with secessionist self-determination conflicts, as its declaration of independence has been widely, albeit not universally, recognized. The contributions in this volume contribute to the debate on how to settle such conflicts by examining Kosovo in historical and contemporary comparative perspective and by reflecting on the legal, ethical and political implications of its successful declaration of independence. This book was originally published as a special issue of Europe-Asia Studies.
Author: Juan Francisco Escudero Espinosa
Publisher: Springer
ISBN: 3319726226
Category : Law
Languages : en
Pages : 221
Get Book Here
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: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006912
Category : Law
Languages : en
Pages : 337
Get Book Here
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: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239
Get Book Here
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: 1107311276
Category : Law
Languages : en
Pages : 585
Get Book Here
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: Bahruz Balayev
Publisher: Rowman & Littlefield
ISBN: 073917827X
Category : History
Languages : en
Pages : 261
Get Book Here
Book Description
The Right to Self-Determination in the South Caucasus: Nagorno Karabakh in Context, by Bahruz Balayev, explores the relationship in international law between the concept of self-determination and territorial integrity in the context of the Caucasus region. This study brings together the various self-determination movements of the Caucasus (Nagorno Karabakh, South Ossetia, Adjara, Abkhazia, and Chechnya) and provides a comparative analysis. The August 2008 war in Georgia and the proclamation of independence of Kosovo renewed the discussion over the right to self-determination in international law: Has the right to self-determination evolved since the solutions to the conflicts over self-determination are now determined in a new manner, or should it? Will the question of self-determination in different regions of the world be a spark for a new cold war? Unilateral declarations and the recognition of independence of South Ossetia, Abkhazia, and Kosovo could be the first spark. These are the pressing questions because there are many self-determination and secession movements all over the world. The Right to Self-Determination in the South Caucasus is a unique tool for scholars, researchers, and the public in understanding South Caucasus regional conflicts from the New Haven School perspective.
Author: Fernando R. Tesón
Publisher: Cambridge University Press
ISBN: 1107119138
Category : Law
Languages : en
Pages : 259
Get Book Here
Book Description
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author: Marc Weller
Publisher: BRILL
ISBN: 904742834X
Category : Law
Languages : en
Pages : 224
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: Milena Sterio
Publisher: Routledge
ISBN: 0415668182
Category : Law
Languages : en
Pages : 226
Get Book Here
Book Description
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
