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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: Peter Radan
Publisher: Psychology Press
ISBN: 9780415253529
Category : Law
Languages : en
Pages : 278
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Book Description
This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia and will be of interest to those in the fields of international law and political science.
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: Christian Walter
Publisher: Oxford University Press, USA
ISBN: 019870237X
Category : Law
Languages : en
Pages : 337
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Book Description
"The present volume is the result of co-operation on the issue of self-determination and secession with a specific focus on conflicts in the CIS region". -- PREFACE.
Author: Przemysław Tacik
Publisher: BRILL
ISBN: 9004680268
Category : Law
Languages : en
Pages : 518
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Book Description
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Author: Juan Francisco Escudero Espinosa
Publisher: Springer
ISBN: 3319726226
Category : Law
Languages : en
Pages : 204
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Book Description
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.
Author: Jure Vidmar
Publisher: Edward Elgar Publishing
ISBN: 1788971752
Category : Law
Languages : en
Pages : 411
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Book Description
Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.
Author: Peter Hilpold
Publisher: Martinus Nijhoff Publishers
ISBN: 9004221298
Category : Business & Economics
Languages : en
Pages : 341
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Book Description
The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries.
