Settling Self-Determination Disputes

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Publisher : BRILL
ISBN 13 : 9004164820
Total Pages : 813 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Settling Self-Determination Disputes by : Marc Weller

Download or read book Settling Self-Determination Disputes written by Marc Weller and published by BRILL. This book was released on 2008 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.

Settling Self-Determination Conflicts

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Settling Self-Determination Conflicts by : Marc Weller

Download or read book Settling Self-Determination Conflicts written by Marc Weller and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-determination conflicts outside the colonial context have previously appeared virtually impossible to settle. Long-running and very destructive internal armed conflicts have been the result. Since the termination of the Cold War, however, there has been a veritable wave of self-determination settlements. While some of these trade the claim to secession for internal autonomy in order to safeguard the territorial unity of the state, a number of innovative solutions have been adopted, going beyond this traditional approach. This article reviews over 40 settlements and draft settlements in order to identify an emerging post-modern pattern of practice of settling self-determination disputes. The article also assesses the impact of this practice on the classical, restrictive understanding of the doctrine of self-determination.

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.

Escaping the Self-Determination Trap

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Publisher : BRILL
ISBN 13 : 904742834X
Total Pages : 224 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Escaping the Self-Determination Trap by : Marc Weller

Download or read book Escaping the Self-Determination Trap written by Marc Weller and published by BRILL. This book was released on 2009-05-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.

Asymmetric Autonomy and the Settlement of Ethnic Conflicts

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812205758
Total Pages : 330 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Asymmetric Autonomy and the Settlement of Ethnic Conflicts by : Marc Weller

Download or read book Asymmetric Autonomy and the Settlement of Ethnic Conflicts written by Marc Weller and published by University of Pennsylvania Press. This book was released on 2011-10-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.

Autonomy, Self Governance and Conflict Resolution

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Author :
Publisher : Routledge
ISBN 13 : 1134299079
Total Pages : 340 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Autonomy, Self Governance and Conflict Resolution by : Marc Weller

Download or read book Autonomy, Self Governance and Conflict Resolution written by Marc Weller and published by Routledge. This book was released on 2005-04-12 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts over the rights of self-defined population groups to determine their own destiny within the boundaries of existing states are among the most violent forms of inter-communal conflict. Many experts agree that autonomy regimes are a useful framework within which competing claims to self-determination can be accommodated. This volume explores and analyses the different options available. The contributors assess the current state of the theory and practice of institutional design for the settlement of self-determination conflicts, and also compare and contrast detailed case studies on autonomous regimes in the former Yugoslavia, the Crimea, Åland, Northern Ireland, Latin America, Indonesia and Vietnam.

On State Secession from International Law Perspectives

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Publisher : Springer
ISBN 13 : 3319974483
Total Pages : 296 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis On State Secession from International Law Perspectives by : Jing Lu

Download or read book On State Secession from International Law Perspectives written by Jing Lu and published by Springer. This book was released on 2018-10-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.

Autonomy, Self-governance and Conflict Resolution

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Author :
Publisher : Psychology Press
ISBN 13 : 9780415339865
Total Pages : 276 pages
Book Rating : 4.3/5 (398 download)

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Book Synopsis Autonomy, Self-governance and Conflict Resolution by : Marc Weller

Download or read book Autonomy, Self-governance and Conflict Resolution written by Marc Weller and published by Psychology Press. This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts over the rights of self-defined population groups to determine their own destiny within the boundaries of existing states are among the most violent forms of inter-communal conflict. Many experts agree that autonomy regimes are a useful framework within which competing claims to self-determination can be accommodated. This volume explores and analyses the different options available. The contributors assess the current state of the theory and practice of institutional design for the settlement of self-determination conflicts, and also compare and contrast detailed case studies on autonomous regimes in the former Yugoslavia, the Crimea, Åland, Northern Ireland, Latin America, Indonesia and Vietnam.

Self-Determination in Disputed Colonial Territories

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Publisher : Cambridge University Press
ISBN 13 : 110841818X
Total Pages : 297 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Self-Determination in Disputed Colonial Territories by : Jamie Trinidad

Download or read book Self-Determination in Disputed Colonial Territories written by Jamie Trinidad and published by Cambridge University Press. This book was released on 2018-02-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.

The UN Friendly Relations Declaration at 50

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Publisher : Cambridge University Press
ISBN 13 : 1108662307
Total Pages : 1047 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The UN Friendly Relations Declaration at 50 by : Jorge E. Viñuales

Download or read book The UN Friendly Relations Declaration at 50 written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2020-10-08 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

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.

Sovereignty After Empire

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Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Sovereignty After Empire by : Galina Vasilevna Starovotova

Download or read book Sovereignty After Empire written by Galina Vasilevna Starovotova and published by . This book was released on 1997 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Secession in International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361228
Total Pages : 200 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 200 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.

Reputation and Civil War

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Publisher : Cambridge University Press
ISBN 13 : 0521763525
Total Pages : 271 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Reputation and Civil War by : Barbara F. Walter

Download or read book Reputation and Civil War written by Barbara F. Walter and published by Cambridge University Press. This book was released on 2009-08-27 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attempts to resolve why self-determination disputes between governments and ethnic minorities so often result in civil war.

Law, Territory and Conflict Resolution

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Publisher : BRILL
ISBN 13 : 9004311297
Total Pages : 391 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Law, Territory and Conflict Resolution by : Matteo Nicolini

Download or read book Law, Territory and Conflict Resolution written by Matteo Nicolini and published by BRILL. This book was released on 2016-05-02 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?

The Theory of Self-Determination

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107119138
Total Pages : 259 pages
Book Rating : 4.1/5 (71 download)

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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.

Self-determination

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Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Self-determination by : Patricia Carley

Download or read book Self-determination written by Patricia Carley and published by . This book was released on 1996 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: