Morality And Legality Of Secession
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Morality And Legality Of Secession
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Author : Pau Bossacoma Busquets
language : en
Publisher: Springer Nature
Release Date : 2019-11-19
Morality And Legality Of Secession written by Pau Bossacoma Busquets and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Justice Legitimacy And Self Determination
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Author : Allen Buchanan
language : en
Publisher: OUP Oxford
Release Date : 2003-08-21
Justice Legitimacy And Self Determination written by Allen Buchanan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-21 with Political Science categories.
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
The Canadian Contribution To A Comparative Law Of Secession
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Author : Giacomo Delledonne
language : en
Publisher: Springer
Release Date : 2018-12-11
The Canadian Contribution To A Comparative Law Of Secession written by Giacomo Delledonne and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Political Science categories.
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.
Age Of Secession
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Author : Ryan D. Griffiths
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Age Of Secession written by Ryan D. Griffiths 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 2016-10-27 with Political Science categories.
A novel analysis of secessionist movements, explaining state response, the likelihood of conflict, and the proliferation of states since 1945.
Territorial Politics And Secession
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Author : Martin Belov
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Territorial Politics And Secession written by Martin Belov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Political Science categories.
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.
Creating New States
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Author : Dr Aleksandar Pavkovic
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-03-28
Creating New States written by Dr Aleksandar Pavkovic and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Political Science categories.
Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.
Secession In International Law
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Author : Milena Sterio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Secession In International Law written by Milena Sterio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.
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.
Secession
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Author : Marcelo G. Kohen
language : en
Publisher: Cambridge University Press
Release Date : 2006-03-21
Secession written by Marcelo G. Kohen 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 2006-03-21 with Law categories.
This book is a comprehensive study of secession from an international law perspective.
The Morality Of Nationalism
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Author : Robert McKim
language : en
Publisher: Oxford University Press
Release Date : 1997-07-10
The Morality Of Nationalism written by Robert McKim 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 1997-07-10 with Philosophy categories.
Nationalism is one of the most intractable political problems in the world today. In this collection of essays, some of today's most eminent political scientists and philosophers address the ethics of nationalism. Rather than focusing on descriptive and prescriptive themes or policy issues, this volume focuses on the deeper moral issues that must be addressed if a policy prescription is to be well grounded. The contributors include Charles Taylor, Will Kymlicka, Thomas Hurka, Allen Buchanan, and Michael Walzer.
The Secession Of States And Their Recognition In The Wake Of Kosovo
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Author : John Dugard
language : en
Publisher: Martinus Nijhoff
Release Date : 2013-08-07
The Secession Of States And Their Recognition In The Wake Of Kosovo written by John Dugard and has been published by Martinus Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-07 with Law categories.
Also available as an e-book The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).