Sovereignty in the Exercise of the Right to Self-Determination PDF Download
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Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
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Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
Get Book Here
Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Author: Przemysław Tacik
Publisher: BRILL
ISBN: 9004680268
Category : Law
Languages : en
Pages : 518
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Book Description
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
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: Uriel Abulof
Publisher: Routledge
ISBN: 131728626X
Category : Political Science
Languages : en
Pages : 261
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Book Description
In a world in which change is constant, the principle of self-determination is important. Through (collective) acts of self-determination, nations exercise the right to govern themselves. At present the nation-state system with which we are familiar faces several challenges. In Western Europe, sub-state nationalism is on the rise. In the Middle East and North Africa, the state system bequeathed by former colonial powers faces increasing threats from pan-Islamist movements. Overall, the established order faces unprecedented uncertainties. The scholars who have contributed to this volume assess the merits, limitations and trajectories of self-determination in the twenty-first century, pointing to the paradoxes and anomalies that are encompassed by what at first sight is a simple and seductive concept. From the perspective of the twenty-first century and informed by a wealth of experience each of the contributors to this volume offers some valuable and intriguing observations on the future of self-determination and the movements its call engenders. This book was published as a special issue of Ethnopolitics.
Author: Robert McCorquodale
Publisher: Ashgate Publishing
ISBN:
Category : Law
Languages : en
Pages : 664
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Book Description
The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.
Author: Edward McWhinney
Publisher: BRILL
ISBN: 904742347X
Category : Law
Languages : en
Pages : 148
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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 today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. 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: Aureliu Cristescu
Publisher: New York : United Nations
ISBN:
Category : Political Science
Languages : en
Pages : 142
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Book Description
Author: Patricia Carley
Publisher:
ISBN:
Category : Boundary disputes
Languages : en
Pages : 30
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Book Description
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 1108662307
Category : Law
Languages : en
Pages : 1047
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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.
