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Kosovo And Remedial Secession
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Book Synopsis Self-Determination and Humanitarian Secession in International Law of a Globalized World by : Juan Francisco Escudero Espinosa
Download or read book Self-Determination and Humanitarian Secession in International Law of a Globalized World written by Juan Francisco Escudero Espinosa and published by Springer. This book was released on 2018-03-24 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
Book Synopsis Statehood and Self-Determination by : Duncan French
Download or read book Statehood and Self-Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
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 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.
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 Remedial Secession by : Simone F. van den Driest
Download or read book Remedial Secession written by Simone F. van den Driest and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
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.
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 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 295 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.
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 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 Negotiating the Final Status of Kosovo by : Marc Weller
Download or read book Negotiating the Final Status of Kosovo written by Marc Weller and published by . This book was released on 2008 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This account of the complex negotiation process on the final status of Kosovo analyses how the international community ended up with the very result of independence that it had most wanted to avoid at the outbreak of the crisis. It tracks the process from the initial negotiations in Vienna in 2006 to Kosovo's unilateral declaration of independence in February 2008.
Book Synopsis Routledge Handbook of State Recognition by : Gëzim Visoka
Download or read book Routledge Handbook of State Recognition written by Gëzim Visoka and published by Routledge. This book was released on 2019-09-12 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new handbook provides a comprehensive and multidisciplinary overview of the theoretical and empirical aspects of state recognition in international politics. Although the recognition of states plays a central role in shaping global politics, it remains an under-researched and widely dispersed subject. Coherently and innovatively structured, the handbook brings together a group of international scholars who examine the most important theoretical and comparative perspectives on state recognition, including debates about pathways to secession and self-determination, the broad range of actors and strategies that shape the recognition of states and a significant number of contemporary case studies. The handbook is organised into four key sections: Theoretical and normative perspectives Pathways to independent statehood Actors, forms and the process of state recognition Case studies of contemporary state recognition This handbook will be of great interest to students of foreign policy, international relations, international law, comparative politics and area studies. Chapter 19 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 Historical Title, Self-Determination and the Kashmir Question by : Fozia Nazir Lone
Download or read book Historical Title, Self-Determination and the Kashmir Question written by Fozia Nazir Lone and published by BRILL. This book was released on 2018-05-07 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.
Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Book Synopsis The Ashgate Research Companion to Secession by : Peter Radan
Download or read book The Ashgate Research Companion to Secession written by Peter Radan and published by Routledge. This book was released on 2016-03-23 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is a detachment of a territory from an existing state with the aim of creating a new state on the detached territory. Secession is usually an outcome of the political mobilization of a population on the territory to be detached and, as a political phenomenon, is a subject of study in the social sciences. Its impact on inter-state relations is a subject of study in international relations. But secession is also subject to regulation both in the constitutional law of sovereign states and in international law. Following a spate of secessions in the early 1990s, legal scholars have proposed a variety of ways to regulate the international responses to attempts at secessions. Moreover, since the 1980s normative justification of secession has been subject to an intense debate among political theorists and moral philosophers. This research companion has the following three complementary aims. First, to offer an overview of the current theoretical approaches to secession in the social sciences, international relations, legal theory, political theory and applied ethics. Second, to outline the current practice of international recognition of secession and current domestic and international laws which regulate secession. Third, to offer an account of major secessionist movements - past and present - from a comparative perspective. In their accounts of past secessions and current secessionist movements, the contributors to this volume focus on the following four components: the nature and source of secessionist grievances, the ideologies and techniques of secessionist mobilization, the responses of the host state or majority parties in the host state, and the international response to attempts at secession. This provides a basis for identification of at least some common patterns in the otherwise highly varied processes of secession.
Book Synopsis Self-Determination in International Law, Quebec and Lessons Learned by : Anne Bayefsky
Download or read book Self-Determination in International Law, Quebec and Lessons Learned written by Anne Bayefsky and published by BRILL. This book was released on 2021-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
Book Synopsis The Kosovo crisis and the evolution of a post-Cold War European security by : Martin A Smith
Download or read book The Kosovo crisis and the evolution of a post-Cold War European security written by Martin A Smith and published by Manchester University Press. This book was released on 2013-07-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Analyses the international response to the crisis in Kosovo, and its broader implications by examining its diplomatic, military and humanitarian features. Unravelling these implications can be challenging as it remains an event replete with paradoxes - the originality of this book's approach lies in its exploration of these paradoxes. The crisis in Kosovo has been a headline grabbing event - a serious study of the implications of the conflict on wider European security issues and institutions is urgently required.
