Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law PDF Download
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Author: Edward McWhinney
Publisher: Martinus Nijhoff Publishers
ISBN: 9004158359
Category : Law
Languages : en
Pages : 149
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Book Description
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Author: Edward McWhinney
Publisher: Martinus Nijhoff Publishers
ISBN: 9004158359
Category : Law
Languages : en
Pages : 149
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Book Description
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
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?
Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108625681
Category : Law
Languages : en
Pages : 293
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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: Hassan Hamdam
Publisher: Trafford Publishing
ISBN: 1698704364
Category : Political Science
Languages : en
Pages : 156
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Book Description
The emergence of the right to self-determination phenomenon during the twentieth century changed the political map of the world with the liberation of many nations from the yoke of colonialism. This book is an attempt to navigate the right of self-determination through international legal norms and explore its triumph and failure since the Second World War. It elaborates on the role, position, and the obligations of a modern state in the international law and new emerging relations of people in the world. The bookdescribes briefly the history of British rule in the Indian subcontinent and the creation of the new Muslim state of Pakistan in 1947. The book narrates the events leading to the occupation of Balochistan by Pakistan in 1948. It highlights the long struggle of the Baloch people for the right to self-determination and to explain the right of the Baloch people according to the international principles and provide political and legal methods for the right to self-determination.
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Author: Kristina Roepstorff
Publisher: Routledge
ISBN: 0415520649
Category : Political Science
Languages : en
Pages : 209
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Book Description
There have been an increasing number of self-determination conflicts where sub-state groups challenge existing state authority. This book explains how self-determination can exercised beyond the decolonisation process and demonstrates that rather than a threat to international peace and stability, it has strong potential as a tool for conflict prevention and resolution.
Author: Avigail Eisenberg
Publisher: UBC Press
ISBN: 0774827440
Category : Political Science
Languages : en
Pages : 349
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Book Description
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The chapters look at cultural recognition in the context of public policy about intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism. Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.
Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Category : Law
Languages : en
Pages : 258
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Book Description
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
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.
