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Author: Benedikt Harzl
Publisher: Brookings Institution Press
ISBN: 1947661051
Category : Political Science
Languages : en
Pages : 128
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Book Description
The secessionist entities that emerged out of the turbulent upheavals in the 1990s in the South Caucasus have, over many years and with enormous external assistance, successfully defied the jurisdiction of their metropolitan states. As entities that have attained a status of de facto statehood, they epitomize unresolved conflicts between core principles and doctrines in public international law. This study addresses the interplay between law and politics against this context and problematizes false dichotomies that have arguably hindered the transformation of these territorial disputes. The author devotes particular attention to different ways of engagement with the de facto states below the level of political endorsement.
Author: Benedikt Harzl
Publisher: Brookings Institution Press
ISBN: 1947661051
Category : Political Science
Languages : en
Pages : 128
Get Book Here
Book Description
The secessionist entities that emerged out of the turbulent upheavals in the 1990s in the South Caucasus have, over many years and with enormous external assistance, successfully defied the jurisdiction of their metropolitan states. As entities that have attained a status of de facto statehood, they epitomize unresolved conflicts between core principles and doctrines in public international law. This study addresses the interplay between law and politics against this context and problematizes false dichotomies that have arguably hindered the transformation of these territorial disputes. The author devotes particular attention to different ways of engagement with the de facto states below the level of political endorsement.
Author: Dov Lynch
Publisher: US Institute of Peace Press
ISBN: 9781929223541
Category : History
Languages : en
Pages : 196
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Book Description
In the wake of the dissolution of the Soviet Union, secessionist forces carved four de facto states from parts of Moldova, Georgia, and Azerbaijan. Ten years on, those states are mired in uncertainty. Beset by internal problems, fearful of a return to the violence that spawned them, and isolated and unrecognized internationally, they survive behind cease-fire lines that have temporarily frozen but not resolved their conflicts with the metropolitan powers. In this, the first in-depth comparative analysis of these self-proclaimed republics, Dov Lynch examines the logic that maintains this uneasy existence and explores ways out of their volatile predicament. Drawing on extensive travel within Eurasia and remarkable access to leading figures in the secessionist struggles, Lynch spotlights the political, military, and economic dynamics--both internal and external--that drive the existence of South Ossetia, Abkhazia, Transnistria, and Nagorno-Karabakh. He also evaluates a range of options for resolving the status of the de facto states before violence returns, and proposes a coordinated approach, spearheaded by the European Union, that balances de facto and de jure independence and sovereignty. Slim but packed with information and insight, this volume also offers instructive lessons about the dynamics of intrastate and ethnic conflict and the merits of autonomy and power sharing in places as diverse as Kosovo, Northern Cyprus, and Chechnya.
Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769
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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of 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: Bridget Coggins
Publisher: Cambridge University Press
ISBN: 1107047358
Category : History
Languages : en
Pages : 281
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Book Description
From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
Author: D. Geldenhuys
Publisher: Springer
ISBN: 0230234186
Category : Political Science
Languages : en
Pages : 304
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Book Description
This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.
Author: Robert Schuett
Publisher: Edinburgh University Press
ISBN: 0748693637
Category : International relations
Languages : en
Pages : 256
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Book Description
This volume ... systematically considers the nature of the state, the concept of sovereignty and the challenges globalisation and cosmopolitanism.--Provided by publisher.
Author: Scott Pegg
Publisher: Routledge
ISBN: 1000708578
Category : Political Science
Languages : en
Pages : 285
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Book Description
Originally published in 1998, International Society and the De Facto Society explores the phenomenon of de facto statehood in contemporary international relations. The de facto state is almost the inverse of what Robert Jackson has termed the ‘quasi-state’. The quasi-state has an ambassador, a flag, and a seat at the United Nations, but it does not function positively as a viable governing entity. Its limitations though, do not detract from sovereign legitimacy. The de facto state, on the other hand, lacks legitimacy yet effectively controls a given territorial area and provides governmental services to a specific population. The book engages in a birth, life, and death or evolution examination of the de facto state.
Author: Nina Caspersen
Publisher: John Wiley & Sons
ISBN: 0745660045
Category : Political Science
Languages : en
Pages : 228
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Book Description
Unrecognized states are places that do not exist in international politics; they are state-like entities that have achieved de facto independence, but have failed to gain widespread international recognition. Since the Cold-War, unrecognized states have been involved in conflicts over sovereign statehood in the Balkans, the former Soviet Union, South Asia, the Horn of Africa, and the South Pacific; some of which elicited major international crises and intervention, including the use of armed force. Yet they remain subject to many myths and simplifications. Drawing on a number of contemporary and historical cases, from Nagorno Karabakh and Somaliland to Taiwan, this timely new book provides a comprehensive analysis of unrecognized states. It examines their origins, the factors that enable them to survive and explores their likely future trajectories. But it is not just a book about unrecognized states; it is a book about sovereignty and statehood; one which does not shy way from addressing crucial issues such as how these anomalies survive in a system of sovereign states and how the context of non-recognition affects their attempts to build effective state-like entities. Ideal for students and scholars of global politics, peace and conflict studies, Unrecognized States offers a much needed and engaging account of the development of unrecognized states in the modern international system.
Author: Lee J. Alston
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
We present a conceptual framework to better understand the interaction between settlement and the emergence of de facto property rights on frontiers prior to governments establishing and enforcing de jure property rights. In this framework, potential rents associated with more exclusivity drives “demand” for commons arrangements but demand is not a sufficient explanation; norms and politics matter. At some point enhanced scarcity will drive demand for more exclusivity beyond which can be sustained with commons arrangements. Claimants will therefore petition government for de jure property rights to their claims - formal titles. Land conflict will be minimal when governments supply property rights to first possessors. But, governments may not allocate de jure rights to these claimants because they face differing political constituencies. Moreover, governments may assign de jure rights but be unwilling to enforce the right. This generates potential or actual conflict over land depending on the violence potentials of de facto and de jure claimants. We examine land settlement and conflict on the frontiers of Australia, the U.S. and Brazil. We are interested in examining the emergence, sustainability, and collapse of commons arrangements in specific historical contexts. Our analysis indicates the emergence of de facto property rights arrangements will be relatively peaceful where claimants have reasons to organize collectively (Australia and the U.S.). The settlement process will be more prone to conflict when fewer collective activities are required. Consequently, claimants resort to periodic violent self-enforcement or third party enforcement (Brazil). In all three cases the movement from de facto to de jure property rights led to potential or actual conflict because of insufficient government enforcement.
