Self-Determination in International Law, Quebec and Lessons Learned

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Author :
Publisher : BRILL
ISBN 13 : 9004505822
Total Pages : 522 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Self-Determination in International Law, Quebec and Lessons Learned by : Anne Bayefsky

Download or read book Self-Determination in International Law, Quebec and Lessons Learned written by Anne Bayefsky and published by BRILL. This book was released on 2021-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

The Quebec Decision

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Author :
Publisher : James Lorimer & Company
ISBN 13 : 9781550286601
Total Pages : 180 pages
Book Rating : 4.2/5 (866 download)

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Book Synopsis The Quebec Decision by : David Schneiderman

Download or read book The Quebec Decision written by David Schneiderman and published by James Lorimer & Company. This book was released on 1999 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court decision on Quebec, delivered in August 1998, was hailed as a victory by both federalists and sovereigntists. This book explains the reasons for this historic decision. It includes the full text of the Supreme Court's opinion together with essays and other key documents. David Schneiderman, Executive Director of the Centre for Constitutional Studies at the University of Alberta, provides a thoughtful introduction to the decision and the debates surrounding it. He has selected a wide range of essays that explore the profound implications of the Court's decision for Canada's future. Anyone interested in Quebec and the future of Canadian federalism will find The Quebec Decision an invaluable resource.

Resolving Claims to Self-Determination

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Author :
Publisher : Routledge
ISBN 13 : 1135115923
Total Pages : 372 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Resolving Claims to Self-Determination by : Andrew Coleman

Download or read book Resolving Claims to Self-Determination written by Andrew Coleman and published by Routledge. This book was released on 2014-01-03 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

Accommodating National Identity

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Author :
Publisher : BRILL
ISBN 13 : 900447868X
Total Pages : 308 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Accommodating National Identity by : Stephen Tierney

Download or read book Accommodating National Identity written by Stephen Tierney and published by BRILL. This book was released on 2021-10-18 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.

A Doubtful and Perilous Experiment

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Author :
Publisher :
ISBN 13 : 0199756767
Total Pages : 239 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis A Doubtful and Perilous Experiment by : Mel A. Topf

Download or read book A Doubtful and Perilous Experiment written by Mel A. Topf and published by . This book was released on 2011 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy, author Mel A. Topf provides readers with a comprehensive treatment of the history, concept, jurisprudence and controversies relating to state Supreme Court advisory opinions. A Doubtful and Perilous Experiment is the only comprehensive treatment of the history and controversies, the law and theories about state supreme court advisory opinions. This is a significant area of state constitutional law that has no parallel in federal law (which bars advisory opinions from federal courts). Though just ten states have adopted such advisory opinions (many others have debated but rejected them), they have been implicated in major issues regarding American judicial power. The book explains the-so far unexplained-first appearance of advisory authority in 1780, and address the persistent aura of illegitimacy that has always shadowed this authority. The frequent attacks on the legitimacy of advisory opinions have been triggered by their clash with basic doctrines of our legal system, including separation of powers, due process, judicial review, judicial independence, and judicial supremacy. A Doubtful and Perilous Experiment shows how law of state supreme court advisory opinions in fact arose in response to the attacks, resulting in an elaborate jurisprudence of advisory opinions centering on a remarkable but not entirely successful attempt to justify when the justices will advise and when they will not. The book tells the story of attempts to defend advisory authority, including several attempts to amend the U.S. Constitution to require the Supreme Court to issues them. It tells the story also of the uneasy relation between advisory opinions and judicial review as well as the expansion of judicial power.

Reflections on the UN Declaration on the Rights of Indigenous Peoples

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316239
Total Pages : 620 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reflections on the UN Declaration on the Rights of Indigenous Peoples by : Stephen Allen

Download or read book Reflections on the UN Declaration on the Rights of Indigenous Peoples written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

The Case for Kosova

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Publisher : Anthem Press
ISBN 13 : 184331245X
Total Pages : 237 pages
Book Rating : 4.8/5 (433 download)

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Book Synopsis The Case for Kosova by : Anna Di Lellio

Download or read book The Case for Kosova written by Anna Di Lellio and published by Anthem Press. This book was released on 2006 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes the case for Kosova's independence; a challenging and unique book to inspire serious debate.

Yugoslavia's Ruin

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Publisher : Rowman & Littlefield
ISBN 13 : 9780742517844
Total Pages : 334 pages
Book Rating : 4.5/5 (178 download)

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Book Synopsis Yugoslavia's Ruin by : Cvijeto Job

Download or read book Yugoslavia's Ruin written by Cvijeto Job and published by Rowman & Littlefield. This book was released on 2002 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book combines analysis and memoir to offer the unique perspective of an informed insider who lived through Yugoslavia's demise. Cvijeto Job's powerful and provocative story of Yugoslavia's birth, rise, and brutal destruction is intertwined with his family history as he probes deeply into the causes and legacies of Yugoslavia's ruin. The result is a sober assessment of the successes and unflinching critique of the failures of Tito's Yugoslavia and how policies that were intended to ameliorate the country's ethnic tensions were corrupted or abandoned, ending in its undoing. Job argues passionately for the intervention of the international community in Yugoslavia and offers concrete suggestions for preventing future ethnic atrocities. Anyone reading his book will come to think more deeply about the ways in which the web of history and collective political culture weave the fates of nations and individuals in times of crisis.

Civility and Its Discontents

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Author :
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Civility and Its Discontents by : Christine T. Sistare

Download or read book Civility and Its Discontents written by Christine T. Sistare and published by . This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors from philosophy and political science discuss the observation that civility, civic virtue, tolerance, and socio-cultural unity have declined while exploring the nature of civil society, the conflict between individual liberty and the common good, and the role of law and government policy in weaving the threads of the social fabric. From publisher description.

UNMIK as an International Governance in Post-war Kosova

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Author :
Publisher : Logos-A
ISBN 13 : 9989580960
Total Pages : 414 pages
Book Rating : 4.9/5 (895 download)

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Book Synopsis UNMIK as an International Governance in Post-war Kosova by : Blerim Reka

Download or read book UNMIK as an International Governance in Post-war Kosova written by Blerim Reka and published by Logos-A. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of the Canadian Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

A Constitution of the People and How to Achieve It

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3838215168
Total Pages : 382 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Constitution of the People and How to Achieve It by : Aarif Abraham

Download or read book A Constitution of the People and How to Achieve It written by Aarif Abraham and published by BoD – Books on Demand. This book was released on 2021-04-30 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

The Canadian Global Almanac

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Publisher :
ISBN 13 : 9780771576164
Total Pages : 852 pages
Book Rating : 4.5/5 (761 download)

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Book Synopsis The Canadian Global Almanac by :

Download or read book The Canadian Global Almanac written by and published by . This book was released on 1994 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Colour-Coded

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Publisher : University of Toronto Press
ISBN 13 : 1442690852
Total Pages : 505 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Colour-Coded by : Constance Backhouse

Download or read book Colour-Coded written by Constance Backhouse and published by University of Toronto Press. This book was released on 1999-11-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

Lawyering Peace

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Publisher : Cambridge University Press
ISBN 13 : 1108478239
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Lawyering Peace by : Paul R. Williams

Download or read book Lawyering Peace written by Paul R. Williams and published by Cambridge University Press. This book was released on 2021-12-16 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do parties to peace negotiations actually build durable peace and what conundrums must they solve to achieve durable peace?

International Human Rights

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Author :
Publisher :
ISBN 13 :
Total Pages : 828 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Human Rights by :

Download or read book International Human Rights written by and published by . This book was released on 2000 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Lawmakers

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Author :
Publisher : University of Toronto Press
ISBN 13 : 9780802086563
Total Pages : 486 pages
Book Rating : 4.0/5 (865 download)

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Book Synopsis The Lawmakers by : John T. Saywell

Download or read book The Lawmakers written by John T. Saywell and published by University of Toronto Press. This book was released on 2002-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.