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Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category : Law
Languages : en
Pages : 560
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Book Description
This book is a comprehensive study of secession from an international law perspective.
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category : Law
Languages : en
Pages : 560
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Book Description
This book is a comprehensive study of secession from an international law perspective.
Author: Jing Lu
Publisher: Springer
ISBN: 3319974483
Category : Law
Languages : en
Pages : 296
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Book Description
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.
Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006912
Category : Law
Languages : en
Pages : 340
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Book Description
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.
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Category : Law
Languages : en
Pages : 943
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Book Description
This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 200
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Book Description
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.
Author: Cynthia Nicoletti
Publisher: Cambridge University Press
ISBN: 1108415520
Category : History
Languages : en
Pages : 359
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Book Description
This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.
Author: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1107117984
Category : History
Languages : en
Pages : 321
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Book Description
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author: Martin Riegl
Publisher: Springer Nature
ISBN: 303048274X
Category : Political Science
Languages : en
Pages : 145
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Book Description
This book explores the changing nature of secessionist attempts in connection with rapidly evolving geopolitical and technological landscapes. By presenting theoretical chapters as well as case studies on various secessionist movements around the globe, the contributing authors study a range of topics, including: the role of the media in secessionist conflicts; secessionist referenda and the viability of secessionist attempts in terms of their internal dimension; and external support and interference. The book will appeal to political scientists and international relations scholars who are interested in the processes, politics and geopolitical implications of secessionist movements.
Author: Martin Belov
Publisher: Palgrave Macmillan
ISBN: 9783030644048
Category : Political Science
Languages : en
Pages : 316
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Book Description
This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Author: Bruno Coppieters
Publisher: OUP Oxford
ISBN: 0191531731
Category : Political Science
Languages : en
Pages : 300
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Book Description
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), while others 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 of the 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 in particular 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 practical issues concerning secession struggles in the world today.
