Emerging Trends in International Law on Secession

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Publisher : Sudwestdeutscher Verlag Fur Hochschulschriften AG
ISBN 13 : 9783838138398
Total Pages : 544 pages
Book Rating : 4.1/5 (383 download)

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Book Synopsis Emerging Trends in International Law on Secession by : Jelena Pifat

Download or read book Emerging Trends in International Law on Secession written by Jelena Pifat and published by Sudwestdeutscher Verlag Fur Hochschulschriften AG. This book was released on 2014-04-30 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades were the age of secession - many ethnic groups have claimed the right to secede, and their independence results in the disruption of the unity of a state which they no longer regard as their sovereign. This study identifies the emerging trends in international law on secession, then compares them with the remedial right to secede in political theories, and in the end examines the elements of remedial right to secession in the case of Kosovo. In international law, only mandated, trust and non-self-governing territories and peoples under foreign domination are entitled to external self-determination, but the emerging trends allow remedial secession in cases where a territorially concentrated sub-state group is oppressed for a long period of time. Kosovo had two grounds for remedial secession: the denial of the right to representation and human rights violations. The partition option should be considered - the recognition of an independent Kosovo by Serbia and the incorporation of the northern part of the province, mostly inhabited by Serbs, into Serbia.

Emerging Trends in International Law on Secession: Case of Kosovo

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (864 download)

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Book Synopsis Emerging Trends in International Law on Secession: Case of Kosovo by : Jelena Pifat

Download or read book Emerging Trends in International Law on Secession: Case of Kosovo written by Jelena Pifat and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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.

Secession

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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.

Self-Determination and Secession

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Publisher : Springer Nature
ISBN 13 : 3031343220
Total Pages : 276 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Self-Determination and Secession by : Natalija Shikova

Download or read book Self-Determination and Secession written by Natalija Shikova and published by Springer Nature. This book was released on 2023-08-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.

Secession and State Creation

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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.

The Creation of States in International Law

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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.

Minorities' Claims

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Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( 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 Ashgate Publishing. This book was released on 2000 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fragmentation and the International Relations of Micro-states

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Publisher : Cambridge University Press
ISBN 13 : 9780521563604
Total Pages : 500 pages
Book Rating : 4.5/5 (636 download)

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Book Synopsis Fragmentation and the International Relations of Micro-states by : Jorri Duursma

Download or read book Fragmentation and the International Relations of Micro-states written by Jorri Duursma and published by Cambridge University Press. This book was released on 1996-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when nearly all armed conflicts are related to self-determination, and frequently to claims for secession, this meticulous study examines the legal issues at stake in the light of the existence of European micro-States: Liechtenstein, San Marino, Monaco, Andorra and the Vatican City. Jorri Duursma makes a thorough analysis of the true origins, meaning and faults of the modern right of self-determination, asking fundamental questions: What constitutes a people with a right to self-determination? How small a people has this right? Who are allowed to secede? What is a state according to international law? Jorri Duursma's book provides an up-to-date and informed account of these important issues which also draws on recent experiences in Eastern Europe and Yugoslavia. It is the first book to provide a thorough international legal account of the European micro-states, and develops a novel approach to the problems of fragmentation.

On the Way to Statehood

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Publisher : Routledge
ISBN 13 : 1351913697
Total Pages : 310 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis On the Way to Statehood by : Peter Radan

Download or read book On the Way to Statehood written by Peter Radan and published by Routledge. This book was released on 2017-05-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present international order is characterized by the rapid globalization of economic activity, by systematic attempts to coordinate state responses to the outbreaks of violence and by unilateral military interventions against sovereign states either by the USA or by one of its regional allies. This collection explores the changes that the current international order has brought to the theory and practice of recognition of secessionist claims and to the conditions for secessionist mobilization. The volume examines how independence movements achieve legitimacy amongst both their target populations and outside states, and how the forces of increasing economic globalization and political interdependence impact on secessionist mobilization. It addresses how the outside states recognize the independence of new states and whether the claims to independent statehood can be justified within normative theories of secession and international law. These issues are explored both through comparative analysis within legal, international relations and political science frameworks and through an examination of several recent attempts at secession.

Secession and Referendum

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Publisher : Firenze University Press
ISBN 13 : 8864539808
Total Pages : 268 pages
Book Rating : 4.8/5 (645 download)

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Book Synopsis Secession and Referendum by : Clauida Landi

Download or read book Secession and Referendum written by Clauida Landi and published by Firenze University Press. This book was released on 2019-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on current developments on territorial changes in International law. The study inquiries about whether according to international law, the referendum is a sufficient or a necessary condition for secession, or both. Through main "cases study", the book finds that there is no sufficient practice and opinio juris to support the existence of an international rule according to which the referendum is a sufficient element to legitimize the birth of a new entity. Nevertheless, there are at least some elements supporting the view that the referendum is becoming a necessary tool in the process for secession, provided that it complies with certain procedural standards.

Contextualizing Secession

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Publisher : Oxford University Press, USA
ISBN 13 : 0199258716
Total Pages : 297 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Contextualizing Secession by : Bruno Coppieters

Download or read book Contextualizing Secession written by Bruno Coppieters and published by Oxford University Press, USA. This book was released on 2003-07-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where the traditional territorial organisation of the state is coming under increasing challenge from pressures from above (globalisation) and from below (struggles for federalisation and secession), the theoretical and practical questions concerning secessionist struggles become ever more acute. It is these questions that this volume addresses. Why do some struggles for autonomy take acute forms, above all violent struggles for secession (for example, Chechnya), whileothers remain within the framework of constitutional politics (for example, Tatarstan and Quebec)? Under what conditions does a distinct political community have the right to secede from another, and how should this process be managed? Our ten case studies seek to answer these questions on the basis ofthe application of just war theory to the normative and practical issues concerning the secession struggles in these regions. The Introduction sets out the theoretical issues, and then each case study provides a rich mix of theoretical and empirical material, and some of the broader issues are then drawn together in the concluding chapter. The book focuses on four key themes that are central to the ethics of secession. The first examines normative issues, in particular the tension between'choice' theories and those based on remedial 'just cause' arguments. The second discusses the problem of violence in secessionist struggles and the ensuing relationship between just war theory and the ethics of secession. The third problem is the relationship between nationhood and citizenship, and inparticular the problem of applying what has now become a conventional distinction between ethnic and civic representations of the political community. Finally, the contentious issue of sovereignty and the way that it frames debates about self-determination. With each of these themes, the application of general moral principles to particular historical contexts opens up new avenues of research. This book is essential reading for those who wish to understand both the theoretical and practicalissues concerning secession struggles in the world today.

The Canadian Contribution to a Comparative Law of Secession

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Publisher : Springer
ISBN 13 : 3030034690
Total Pages : 286 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Canadian Contribution to a Comparative Law of Secession by : Giacomo Delledonne

Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Secession

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Publisher : Westview Press
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Secession by : Allen Buchanan

Download or read book Secession written by Allen Buchanan and published by Westview Press. This book was released on 1991-09-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

The Theory of Self-Determination

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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.

The Right to Self-determination Under International Law

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Publisher : Routledge
ISBN 13 : 0415668182
Total Pages : 226 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis The Right to Self-determination Under International Law by : Milena Sterio

Download or read book The Right to Self-determination Under International Law written by Milena Sterio and published by Routledge. This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.