Escaping The Self Determination Trap
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Escaping The Self Determination Trap
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Author : Marc Weller
language : en
Publisher: BRILL
Release Date : 2009-05-31
Escaping The Self Determination Trap written by Marc Weller and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-31 with Law categories.
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.
Resolving Claims To Self Determination
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Author : Andrew Coleman
language : en
Publisher: Routledge
Release Date : 2014-01-03
Resolving Claims To Self Determination written by Andrew Coleman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-03 with Law categories.
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
The Human Right To Democracy
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Author : Anita Horn
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2019-12-02
The Human Right To Democracy written by Anita Horn and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Philosophy categories.
The Human Right to Democracy is the first major study to offer a comprehensive and up-to-date account of the debate. It reconstructs the relevant positions in that debate, identifies the key points of disagreement, and proposes an understanding of the human right to democracy that might form the basis of a wide consensus. The book rejects the idea of a comprehensive right to democratic institutions, and instead argues for a minimal “human right to democracy” which is best understood as an individual’s right to voice. The human right to voice is a right, enjoyed by any individual independently of his or her place of residence or nationality, to be heard and supported in cases of severe injustice that is tolerated or condoned by the political community or polity of which the individual is a member. By bringing together human rights discourse and democratic theory, as well as taking into account practical politics, this study broadens the scope of the debatefrom a sometimes overly-narrow focus. The book is of interest not only to political philosophers, but also to international lawyers, diplomats, representatives of civil society, human rights activists, and specialists in development economics.
Deconstructing Self Determination In International Law
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Author : Przemysław Tacik
language : en
Publisher: BRILL
Release Date : 2023-07-17
Deconstructing Self Determination In International Law written by Przemysław Tacik and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-17 with Law categories.
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.
The Hijaz
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Author : Malik Dahlan
language : en
Publisher: Oxford University Press
Release Date : 2018-08-01
The Hijaz written by Malik Dahlan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-01 with Religion categories.
Dahlan offers an alternative vision of Islamic governance through the history and promise of the Hijaz, the first state of Islam. The Hijaz, in the west of present-day Saudi Arabia, was the first Islamic state in Mecca and Medina. This new interpretative history offers a fresh vision of Islamic governance and law as a positive force for political reform in the Middle East and beyond. Applying key Islamic principles of public good to contemporary life, Malik Dahlan challenges two dominant narratives. He reclaims the development of Islamic statecraft as the wellspring of collective identity and statesmanship in the Arab world, simultaneously influenced and disrupted by Westphalian statehood models and Enlightenment notions of self-determination. He equally rejects the appropriation of Islamic governance and the Caliphate concept by both the post-modern, non-territorial Al-Qaeda and the neo-medievalist ISIS. Celebrating the history and untapped potential of a region where Arab leaders built the ideological foundations of an emerging polity, The Hijaz is a compelling alternative analysis of governance in the Arabian Peninsula and the global Islamic community, and of its interaction with the wider world.
Popular Governance Of Post Conflict Reconstruction
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Author : Matthew Saul
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-24
Popular Governance Of Post Conflict Reconstruction written by Matthew Saul and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-24 with Law categories.
How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.
Postcolonial Conflict And The Question Of Genocide
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Author : A. Dirk Moses
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-06
Postcolonial Conflict And The Question Of Genocide written by A. Dirk Moses and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with History categories.
Cover -- Title -- Copyright -- Contents -- List of Figures -- List of Contributors -- Introduction -- 1 The Nigeria-Biafra War: Postcolonial Conflict and the Question of Genocide -- SECTION I Genocide and the Biafran Bid for Self-Determination -- 2 Irreconcilable Narratives: Biafra, Nigeria and Arguments About Genocide, 1966-1970 -- 3 Marketing Genocide: Biafran Propaganda Strategies During the Nigerian Civil War, 1967-1970 -- 4 The Case Against Victor Banjo: Legal Process and the Governance of Biafra -- 5 The Biafran Secession and the Limits of Self-Determination -- SECTION II A Global Event -- 6 The UK and 'Genocide' in Biafra -- 7 France and the Nigerian Civil War, 1967-1970 -- 8 Israel, Nigeria and the Biafra Civil War, 1967-1970 -- 9 Strange Bedfellows: An Unlikely Alliance Between the Soviet Union and Nigeria During the Biafran War -- 10 West German Sympathy for Biafra, 1967-1970: Actors, Perceptions and Motives -- 11 Dealing With 'Genocide': The ICRC and the UN During the Nigeria-Biafra War, 1967-1970 -- 12 Humanitarian Encounters: Biafra, NGOs and Imaginings of the Third World in Britain and Ireland, 1967-1970 -- 13 'And Starvation Is the Grim Reaper': The American Committee to Keep Biafra Alive and the Genocide Question During the Nigerian Civil War, 1968-1970 -- 14 'Black America Cares': The Response of African-Americans to Civil War and 'Genocide' in Nigeria, 1967-1970 -- SECTION III Trauma and Memory -- 15 Women and the Nigeria-Biafra War -- 16 'Biafra of the Mind': MASSOB and the Mobilization of History -- 17 Memory as Social Burden: Collective Remembrance of the Biafran War and Imaginations of Socio-Political Marginalization in Contemporary Nigeria -- 18 The Asaba Massacre and the Nigerian Civil War: Reclaiming Hidden History -- 19 Imagined Nations and Imaginary Nigeria: Chinua Achebe's Quest for a Country -- Index
Boxing Pandora
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Author : Timothy William Waters
language : en
Publisher: Yale University Press
Release Date : 2020-01-07
Boxing Pandora written by Timothy William Waters and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-07 with Social Science categories.
A timely and provocative challenge to the foundations of our global order: why should national borders be unchangeable? The inviolability of national borders is an unquestioned pillar of the post-World War II international order. Fixed borders are supposed to encourage stability, promote pluralism, and discourage nationalism and intolerance. But do they? What if fixed borders create more problems than they solve, and what if permitting people to change borders would create more stability and produce more just societies? Legal scholar Timothy Waters examines this possibility, showing how we arrived at a system of rigidly bordered states and how the real danger to peace is not the desire of people to form new states but the capacity of existing states to resist that desire, even with violence. He proposes a practical, democratically legitimate alternative: a right of secession. With crises ongoing in the United Kingdom, Spain, Ukraine, Iraq, Syria, Sudan, India, and many other regions, this reassessment of the foundations of our global order is more relevant than ever.
Finnish Yearbook Of International Law Volume 24 2014
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Author : Tuomas Tiittala
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Finnish Yearbook Of International Law Volume 24 2014 written by Tuomas Tiittala and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil
Peoples And International Law
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Author : James Summers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-04-09
Peoples And International Law written by James Summers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-09 with Law categories.
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.