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Author: Margaret Moore (Ph. D.)
Publisher: Oxford University Press
ISBN: 0198293844
Category : Law
Languages : en
Pages : 296
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Book Description
Recently, numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This study brings together a series of essays on the ethics of secession.
Author: Margaret Moore (Ph. D.)
Publisher: Oxford University Press
ISBN: 0198293844
Category : Law
Languages : en
Pages : 296
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Book Description
Recently, numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This study brings together a series of essays on the ethics of secession.
Author: Pau Bossacoma Busquets
Publisher: Springer Nature
ISBN: 3030265897
Category : Law
Languages : en
Pages : 393
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Book Description
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
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: Christopher Heath Wellman
Publisher: Cambridge University Press
ISBN: 9780521849159
Category : Law
Languages : en
Pages : 224
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Book Description
This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.
Author: Redie Bereketeab
Publisher: Routledge
ISBN: 1317649680
Category : Business & Economics
Languages : en
Pages : 326
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Book Description
This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.
Author: Margaret Moore
Publisher: OUP Oxford
ISBN: 0191522163
Category : Political Science
Languages : en
Pages : 298
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Book Description
In recent years, numerous multi-national states have disintegrated along national lines, and today, many more, in both the first and the third worlds, continue to witness bitter secessionist struggles. The proliferation of national conflicts and secessionist movements has given rise to many important questions which urgently need to be addressed. When is seccession justified? What is a people and what gives them a right to secede? Is national determination consistent with liberal and democratic principles? Or is it a dangerous doctrine? In the years following 1991, when Allen Buchanan published Secession, a number of competing theories of the ethics of secession have been put forward. This pathbreaking study, by a host of leading figures in the field, brings together for the first time a series of original essays on these theories. Offering fresh insight into debates about contested territory, the problem of minorities, and the place of secession in resolving national conflicts, this volume provides a much-needed philosophical discussion of the normative implications of nationalism.
Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006912
Category : Law
Languages : en
Pages : 337
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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: Allen Buchanan
Publisher: OUP Oxford
ISBN: 0191522465
Category : Political Science
Languages : en
Pages : 528
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Book Description
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
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: 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.
