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Secession In International Law With A Special Reference To The Post Soviet Space
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Book Synopsis Secession in International Law with a Special Reference to the Post-Soviet Space by : Júlia Miklasová
Download or read book Secession in International Law with a Special Reference to the Post-Soviet Space written by Júlia Miklasová and published by BRILL. This book was released on 2024-08-29 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
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.
Book Synopsis Russia and the Right to Self-Determination in the Post-Soviet Space by : Johannes Socher
Download or read book Russia and the Right to Self-Determination in the Post-Soviet Space written by Johannes Socher and published by Oxford University Press. This book was released on 2021-06-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Politics of International Law by : Martti Koskenniemi
Download or read book The Politics of International Law written by Martti Koskenniemi and published by Bloomsbury Publishing. This book was released on 2011-06-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Book Synopsis The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI by : Jorge E. Viñuales
Download or read book The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
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.
Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Book Synopsis Secession as an International Phenomenon by : Don H. Doyle
Download or read book Secession as an International Phenomenon written by Don H. Doyle and published by University of Georgia Press. This book was released on 2010-11-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: About half of today's nation-states originated as some kind of breakaway state. The end of the Cold War witnessed a resurgence of separatist activity affecting nearly every part of the globe and stimulated a new generation of scholars to consider separatism and secession. As the 150th anniversary of the American Civil War approaches, this collection of essays allows us to view within a broader international context one of modern history's bloodiest conflicts over secession. The contributors to this volume consider a wide range of topics related to secession, separatism, and the nationalist passions that inflame such conflicts. The first section of the book examines ethical and moral dimensions of secession, while subsequent sections look at the American Civil War, conflicts in the Gulf of Mexico, European separatism, and conflicts in the Middle East, Asia, and Africa. The contributors to this book have no common position advocating or opposing secession in principle or in any particular case. All understand it, however, as a common feature of the modern world and as a historic phenomenon of international scope. Some contributors propose that "political divorce," as secession has come to be called, ought to be subject to rational arbitration and ethical norms, instead of being decided by force. Along with these hopes for the future, Secession as an International Phenomenon offers a somber reminder of the cost the United States paid when reason failed and war was left to resolve the issue.
Book Synopsis The Theory of Self-Determination by : Fernando R. Tesón
Download or read book The Theory of Self-Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Book Synopsis Incomplete Secession After Unresolved Conflicts by : Ana Maria Albulescu
Download or read book Incomplete Secession After Unresolved Conflicts written by Ana Maria Albulescu and published by . This book was released on 2021-10-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses cases of incomplete secession after separatist wars and what this means for relations between central governments and de facto states. The work explores the interplay between violence and power by examining the micro-dynamics inherent in the process of escalation between separatists and central governments. These dynamics affect not only the security interactions between these entities, but also the character of political and governance relations that are built in the aftermath of secessionist war. Th book provides comprehensive analyses of the evolution of post-conflict relations between the Republic of Moldova and Transnistria and between Georgia and South Ossetia and Abkhazia. Beyond these empirical and conceptual examples, the book contributes to a key debate in International Relations that addresses the relationship between democratization, nationalism and violence, and its applicability to the study of escalation in the post-Soviet space. This book will be of much interest to students of secession, statehood, conflict studies, democratisation, post-Soviet politics and International Relations in general.
Book Synopsis A Theory of De Facto States by : Lucas Knotter
Download or read book A Theory of De Facto States written by Lucas Knotter and published by Taylor & Francis. This book was released on 2023-12-12 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of De Facto States offers a new perspective on the phenomenon of de facto states — political communities that manifest forms of statehood in international politics but lack international legal recognition — zooming in on two prominent examples, Somaliland and Kosovo. Employing a thorough understanding of classical realist theories of international relations, this book provides a fresh critique of the common ways in which existing research tends to identify the ostensible state features of these communities. In contrast to the prevalent portrayals of such features in terms of international legal, discursive, and/or everyday logics, this book argues that de facto states can be most fundamentally characterised as exceptional polities in international relations. Showcasing how the statehood and sovereignty of de facto states is based in international political crises, this book concludes that these entities function as recurring disruptions of any supposed international political order. A Theory of De Facto States will therefore be of interest to researchers of secession, de facto statehood, and International Relations theory alike.
Book Synopsis Post Sovereign Constitution Making by : Andrew Arato
Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
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.
Book Synopsis Incomplete Secession after Unresolved Conflicts by : Ana Maria Albulescu
Download or read book Incomplete Secession after Unresolved Conflicts written by Ana Maria Albulescu and published by Routledge. This book was released on 2021-10-20 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses cases of incomplete secession after separatist wars and what this means for relations between central governments and de facto states. The work explores the interplay between violence and power by examining the micro-dynamics inherent in the process of escalation between separatists and central governments. These dynamics affect not only the security interactions between these entities, but also the character of political and governance relations that are built in the aftermath of secessionist war. The book provides comprehensive analyses of the evolution of post-conflict relations between the Republic of Moldova and Transnistria and between Georgia and South Ossetia and Abkhazia. Beyond these empirical and conceptual examples, the book contributes to a key debate in International Relations that addresses the relationship between democratisation, nationalism and violence, and its applicability to the study of escalation in the post-Soviet space. This book will be of much interest to students of secession, statehood, conflict studies, democratisation, post-Soviet politics and International Relations in general. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Book Synopsis Multilingualism in Post-Soviet Countries by : Aneta Pavlenko
Download or read book Multilingualism in Post-Soviet Countries written by Aneta Pavlenko and published by Multilingual Matters. This book was released on 2008 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past two decades, post-Soviet countries have emerged as a contested linguistic space, where disagreements over language and education policies have led to demonstrations, military conflicts and even secession. This collection offers an up-to-date comparative analysis of language and education policies and practices in post-Soviet countries.
Book Synopsis Russian Discourses on International Law by : P. Sean Morris
Download or read book Russian Discourses on International Law written by P. Sean Morris and published by Routledge. This book was released on 2018-09-03 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia’s interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia’s behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.
