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Author: Jörg Fisch
Publisher: Cambridge University Press
ISBN: 1107037964
Category : History
Languages : en
Pages : 351
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Book Description
This book examines the conceptual and political history of the right of self-determination of peoples.
Author: Jörg Fisch
Publisher: Cambridge University Press
ISBN: 1107037964
Category : History
Languages : en
Pages : 351
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Book Description
This book examines the conceptual and political history of the right of self-determination of peoples.
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: Milena Sterio
Publisher: Routledge
ISBN: 0415668182
Category : Law
Languages : en
Pages : 226
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Book Description
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
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: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 939
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Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Author: Antonio Cassese
Publisher: Cambridge University Press
ISBN: 9780521637527
Category : Law
Languages : en
Pages : 398
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Book Description
The definitive study of the doctrine of self-determination of peoples.
Author: Johannes Socher
Publisher: Oxford University Press
ISBN: 0192651722
Category : Law
Languages : en
Pages : 289
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Book Description
The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.
Author: Joshua Castellino
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041114099
Category : Law
Languages : en
Pages : 318
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Book Description
TABLE OF UN DOCUMENTS.
Author: Bahruz Balayev
Publisher: Rowman & Littlefield
ISBN: 073917827X
Category : History
Languages : en
Pages : 261
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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.
