Minorities' Claims: From Autonomy to Secession

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Publisher : Routledge
ISBN 13 : 1351728334
Total Pages : 341 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Minorities' Claims: From Autonomy to Secession by : Gnanapala Welhengama

Download or read book Minorities' Claims: From Autonomy to Secession written by Gnanapala Welhengama and published by Routledge. This book was released on 2017-11-30 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

Minorities' Claims

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (594 download)

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Book Synopsis Minorities' Claims by : Gnanapala Welhengama

Download or read book Minorities' Claims written by Gnanapala Welhengama and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Minorities' Claims : from Autonomy to Secession : with Special Reference to Sri Lanka

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (17 download)

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Book Synopsis Minorities' Claims : from Autonomy to Secession : with Special Reference to Sri Lanka by : Gnanapala Welhengama

Download or read book Minorities' Claims : from Autonomy to Secession : with Special Reference to Sri Lanka written by Gnanapala Welhengama and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Identity, Self-Determination and Secession

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Publisher :
ISBN 13 : 9781351156080
Total Pages : pages
Book Rating : 4.1/5 (56 download)

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Book Synopsis Identity, Self-Determination and Secession by : Aleksandar Pavkovic

Download or read book Identity, Self-Determination and Secession written by Aleksandar Pavkovic and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States."--Provided by publisher.

Managing Babel: The International Legal Protection of Minorities in the Twentieth Century

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Publisher : BRILL
ISBN 13 : 9047414950
Total Pages : 399 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Managing Babel: The International Legal Protection of Minorities in the Twentieth Century by : Li-Ann Thio

Download or read book Managing Babel: The International Legal Protection of Minorities in the Twentieth Century written by Li-Ann Thio and published by BRILL. This book was released on 2005-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations. Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Minority Accommodation through Territorial and Non-Territorial Autonomy

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Publisher : OUP Oxford
ISBN 13 : 0191063584
Total Pages : 353 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Minority Accommodation through Territorial and Non-Territorial Autonomy by : Tove H. Malloy

Download or read book Minority Accommodation through Territorial and Non-Territorial Autonomy written by Tove H. Malloy and published by OUP Oxford. This book was released on 2015-10-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).

Cultural Autonomy, Minority Rights, and Globalization

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Cultural Autonomy, Minority Rights, and Globalization by : Steven C. Roach

Download or read book Cultural Autonomy, Minority Rights, and Globalization written by Steven C. Roach and published by Ashgate Publishing, Ltd.. This book was released on 2005 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book analyzes the role of cultural autonomy in advancing minority rights protection on the national and global level. It assesses the historical and legal limits of the right to self-determination and autonomy, and examines the relationship between cultural autonomy and globalization.

Secession in International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785361228
Total Pages : 239 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Secession in International Law by : Milena Sterio

Download or read book Secession in International Law written by Milena Sterio and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Autonomy

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105639
Total Pages : 396 pages
Book Rating : 4.1/5 (56 download)

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Book Synopsis Autonomy by : Markku Suksi

Download or read book Autonomy written by Markku Suksi and published by Martinus Nijhoff Publishers. This book was released on 1998-03-06 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy arrangements have gradually become more numerous, & different developments in respect of autonomy can be discerned in the fields of international & domestic law. The patterns of autonomy are quite disparate, but because various fields of law treat autonomy in different ways, it is fruitful to inquire into the applications of autonomy & to ask what autonomy as such implies. Autonomy is a multi-faceted phenomenon which on the one hand contains the issue of devolution or decentralization of law-making or other normative powers in the institutional fabric of the country without any minority protection component; on the other hand it may in addition contain an explicit minority protection component designed to offer special protection to minority groups in society. Especially in the latter sense, the issue of effective participation of a minority in the government is an important issue, & in this respect, there is a connection between autonomy & a general understanding of democracy.

A Theory of Secession

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Publisher : Cambridge University Press
ISBN 13 : 9780521849159
Total Pages : 224 pages
Book Rating : 4.8/5 (491 download)

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Book Synopsis A Theory of Secession by : Christopher Heath Wellman

Download or read book A Theory of Secession written by Christopher Heath Wellman and published by Cambridge University Press. This book was released on 2005-09-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

Ethnic Bargaining

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Publisher : Cornell University Press
ISBN 13 : 0801471796
Total Pages : 246 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis Ethnic Bargaining by : Erin K. Jenne

Download or read book Ethnic Bargaining written by Erin K. Jenne and published by Cornell University Press. This book was released on 2014-05-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethnic Bargaining introduces a theory of minority politics that blends comparative analysis and field research in the postcommunist countries of East Central Europe with insights from rational choice. Erin K. Jenne finds that claims by ethnic minorities have become more frequent since 1945 even though nation-states have been on the whole more responsive to groups than in earlier periods. Minorities that perceive an increase in their bargaining power will tend to radicalize their demands, she argues, from affirmative action to regional autonomy to secession, in an effort to attract ever greater concessions from the central government.The language of self-determination and minority rights originally adopted by the Great Powers to redraw boundaries after World War I was later used to facilitate the process of decolonization. Jenne believes that in the 1960s various ethnic minorities began to use the same discourse to pressure national governments into transfer payments and power-sharing arrangements. Violence against minorities was actually in some cases fueled by this politicization of ethnic difference.Jenne uses a rationalist theory of bargaining to examine the dynamics of ethnic cleavage in the cases of the Sudeten Germans in interwar Czechoslovakia; Slovaks and Moravians in postcommunist Czechoslovakia; the Hungarians in Romania, Slovakia, and Vojvodina; and the Albanians in Kosovo. Throughout, she challenges the conventional wisdom that partisan intervention is an effective mechanism for protecting minorities and preventing or resolving internal conflict.

Autonomy, Sovereignty, and Self-Determination

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Publisher : University of Pennsylvania Press
ISBN 13 : 9780812215724
Total Pages : 552 pages
Book Rating : 4.2/5 (157 download)

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Book Synopsis Autonomy, Sovereignty, and Self-Determination by : Hurst Hannum

Download or read book Autonomy, Sovereignty, and Self-Determination written by Hurst Hannum and published by University of Pennsylvania Press. This book was released on 1996 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The content of autonomy

Peoples and Minorities in International Law

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Publisher : BRILL
ISBN 13 : 9004641998
Total Pages : 378 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Peoples and Minorities in International Law by : Catherine Brölmann

Download or read book Peoples and Minorities in International Law written by Catherine Brölmann and published by BRILL. This book was released on 2023-12-11 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revival of group consciousness in Eastern European countries in the wake of the Cold War has put the protection of subnational groups high on the political agenda. The present book bears witness to the renewed interest in the legal position of subnational groups in international law. This book and the Conference, at which provisional versions of most of the contributions were presented, originate in perceived deficiencies of contemporary international law to protect subnational groups within a legal framework of which the principal subjects are states. Divided into three parts, the book commences with an analysis of the antagonistic relation between the right of peoples to self-determination and the right of states to territorial integrity, and the need to redefine these concepts in the post-Cold War era. The book continues with the highly controversial issue of the attribution of rights to subnational groups and the identification of subnational groups which would be entitled to such rights. The second part deals with the identification and protection of peoples and minorities at different levels of organization, viz. subnational, national and supranational. This part is followed by an analysis of the modes and means by which international obligations vis-à-vis subnational groups can be enforced. Not only the judicial means are considered, but also the justifiability of recourse to military means to the cause of subnational groups. This book not only provides an in-depth analysis of contemporary international law with respect to the protection of peoples and minorities, but also of the law as it is developing in the post-Cold War era.

The Symbolic State

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228009200
Total Pages : 269 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis The Symbolic State by : Karlo Basta

Download or read book The Symbolic State written by Karlo Basta and published by McGill-Queen's Press - MQUP. This book was released on 2021-11-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation-state is a double sleight of hand, naturalizing both the nation and the state encompassing it. No such naturalization is possible in multinational states. To explain why these countries experience political crises that bring their very existence into question, standard accounts point to conflicts over resources, security, and power. This book turns the spotlight on institutional symbolism. When minority nations in multinational states press for more self-government, they are not only looking to protect their interests. They are asking to be recognized as political communities in their own right. Yet satisfying their demands for recognition threatens to provoke a reaction from members of majority nations who see such changes as a symbolic repudiation of their own vision of politics. Secessionist crises flare up when majority backlash reverses symbolic concessions to minority nations. Through a synoptic historical sweep of Canada, Spain, Yugoslavia, and Czechoslovakia, The Symbolic State shows us that institutions may be more important for what they mean than for what they do. A major contribution to the study of comparative nationalism and secession, comparative politics, and social theory, The Symbolic State is particularly timely in an era when the power of symbols – exemplified by Brexit, the Donald Trump presidency, and the rise of the Black Lives Matter movement – is reshaping politics.

Self-Determination and Secession in International Law

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Publisher : OUP Oxford
ISBN 13 : 0191006912
Total Pages : 337 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Self-Determination and Secession in International Law by : Christian Walter

Download or read book Self-Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Morality and Legality of Secession

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Author :
Publisher : Springer Nature
ISBN 13 : 3030265897
Total Pages : 393 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Morality and Legality of Secession by : Pau Bossacoma Busquets

Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Conflict Resolution After the Cold War

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Publisher : National Academies Press
ISBN 13 : 0309171733
Total Pages : 640 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Conflict Resolution After the Cold War by : National Research Council

Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.