Secession And State Creation

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Secession and State Creation

Author : James Ker-Lindsay
Publisher : Oxford University Press
ISBN 13 : 0190494050
Total Pages : 201 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Secession and State Creation by : James Ker-Lindsay

Download or read book Secession and State Creation written by James Ker-Lindsay and published by Oxford University Press. This book was released on 2022 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.

Seceding from Secession

Author : Eric J. Wittenberg
Publisher : Savas Beatie
ISBN 13 : 1611215072
Total Pages : 290 pages
Book Rating : 4.6/5 (112 download)

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Book Synopsis Seceding from Secession by : Eric J. Wittenberg

Download or read book Seceding from Secession written by Eric J. Wittenberg and published by Savas Beatie. This book was released on 2020-06-09 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Creating New States

Author : Aleksandar Pavkovic
Publisher : Routledge
ISBN 13 : 1317158474
Total Pages : 290 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Creating New States by : Aleksandar Pavkovic

Download or read book Creating New States written by Aleksandar Pavkovic and published by Routledge. This book was released on 2016-05-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.

Creating New States

Author : Aleksandar Pavkovic
Publisher : Routledge
ISBN 13 : 1317158466
Total Pages : 319 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Creating New States by : Aleksandar Pavkovic

Download or read book Creating New States written by Aleksandar Pavkovic and published by Routledge. This book was released on 2016-05-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.

The Creation of States in International Law

Author : James R. Crawford
Publisher : Oxford University Press
ISBN 13 : 0191511951
Total Pages : pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Creation of States in International Law by : James R. Crawford

Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Secession

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 9780521849289
Total Pages : 560 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Secession and State Creation

Author : James Ker-Lindsay
Publisher : Oxford University Press
ISBN 13 : 0190494077
Total Pages : 201 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Secession and State Creation by : James Ker-Lindsay

Download or read book Secession and State Creation written by James Ker-Lindsay and published by Oxford University Press. This book was released on 2022-11-11 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.

Age of Secession

Author : Ryan D. Griffiths
Publisher : Cambridge University Press
ISBN 13 : 1107161622
Total Pages : 283 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Age of Secession by : Ryan D. Griffiths

Download or read book Age of Secession written by Ryan D. Griffiths and published by Cambridge University Press. This book was released on 2016-10-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel analysis of secessionist movements, explaining state response, the likelihood of conflict, and the proliferation of states since 1945.

Nullification and Secession in the United States

Author : Edward Payson Powell
Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Nullification and Secession in the United States by : Edward Payson Powell

Download or read book Nullification and Secession in the United States written by Edward Payson Powell and published by . This book was released on 1897 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Secessionist States of America

Author : Douglas MacKinnon
Publisher : Simon and Schuster
ISBN 13 : 1632201178
Total Pages : 214 pages
Book Rating : 4.6/5 (322 download)

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Book Synopsis The Secessionist States of America by : Douglas MacKinnon

Download or read book The Secessionist States of America written by Douglas MacKinnon and published by Simon and Schuster. This book was released on 2014-10-07 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of American families from every race, creed, and economic background are losing hope as the United States continues slide deeper into fiscal insanity and moral decay. Where will America stand when we lose our traditional values, border security, and limited government? Having gained insight from industry experts in farming, energy, infrastructure, and finance, author Douglas MacKinnon has outlined one alternative to our existing government in an entirely constitutional and legal approach—secession from the United States of America. President Abraham Lincoln once said, “This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.” With this patriotic wisdom of Abraham Lincoln and Thomas Jefferson in mind, MacKinnon also works in conjunction with a team of highly experienced individuals from Special-Ops, intelligence, the military, and constitutional law to provide you with the answers to why, how, when, and where as he outlines what secessionism would bring. Using maps, charts, and excerpts of previously published materials to supplement his own interviews and research, MacKinnon has written a powerful, one-of-a-kind book that will initiate conversation—and movement—throughout the country.

Secession and Statehood

Author : Ana Gemma López Martín
Publisher : Routledge
ISBN 13 : 1000430693
Total Pages : 193 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Secession and Statehood by : Ana Gemma López Martín

Download or read book Secession and Statehood written by Ana Gemma López Martín and published by Routledge. This book was released on 2021-09-08 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms – such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.

The Creation of States in International Law

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0198260024
Total Pages : 943 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis The Creation of States in International Law by : James Crawford

Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press. This book was released on 2006 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Self-Determination and Secession in Africa

Author : Redie Bereketeab
Publisher : Routledge
ISBN 13 : 1317649680
Total Pages : 326 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Self-Determination and Secession in Africa by : Redie Bereketeab

Download or read book Self-Determination and Secession in Africa written by Redie Bereketeab and published by Routledge. This book was released on 2014-08-07 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

War and Secession

Author : Richard Sisson
Publisher : Univ of California Press
ISBN 13 : 0520912039
Total Pages : 355 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis War and Secession by : Richard Sisson

Download or read book War and Secession written by Richard Sisson and published by Univ of California Press. This book was released on 2023-04-28 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A decade after the 1971 wars in South Asia, the principal decisionmakers were still uncertain why wars so clearly unwanted had occurred. The authors reconstruct the complex decisionmaking process attending the break-up of Pakistan and the subsequent war between India and Pakistan. Much of their data derive from interviews conducted with principal players in each of the countries immediately involved-Pakistan, India, and Bangladesh-including Indira Gandhi and leaders of the Awami League in Bangladesh. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990. A decade after the 1971 wars in South Asia, the principal decisionmakers were still uncertain why wars so clearly unwanted had occurred. The authors reconstruct the complex decisionmaking process attending the break-up of Pakistan and the subsequent war b

Power Politics and State Formation in the Twentieth Century

Author : Bridget Coggins
Publisher : Cambridge University Press
ISBN 13 : 1107047358
Total Pages : 281 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Power Politics and State Formation in the Twentieth Century by : Bridget Coggins

Download or read book Power Politics and State Formation in the Twentieth Century written by Bridget Coggins and published by Cambridge University Press. This book was released on 2014-04-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democratic Statehood in International Law

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250905
Total Pages : 302 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Democratic Statehood in International Law by : Jure Vidmar

Download or read book Democratic Statehood in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2013-03-28 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

One Nation, Indivisible?

Author : Robert F. Hawes
Publisher : Fultus Corporation
ISBN 13 : 1596820918
Total Pages : 357 pages
Book Rating : 4.5/5 (968 download)

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Book Synopsis One Nation, Indivisible? by : Robert F. Hawes

Download or read book One Nation, Indivisible? written by Robert F. Hawes and published by Fultus Corporation. This book was released on 2006 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is secession legal under the United States Constitution? "One Nation, Indivisible?" takes a fresh look at this old question by evaluating the key arguments of such anti-secession men as Daniel Webster and Abraham Lincoln, in light of reason, historical fact, the language of the Constitution, and the words of America's Founding Fathers. Modern anti-secession arguments are also examined, as are the questions of why Americans are becoming interested in secession once again, whether secession can be avoided, and how an American state might peacefully secede from the Union.