On State Secession From International Law Perspectives
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On State Secession From International Law Perspectives
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Author : Jing Lu
language : en
Publisher: Springer
Release Date : 2018-10-30
On State Secession From International Law Perspectives written by Jing Lu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-30 with Law categories.
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.
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.
Self Determination And Secession In International Law
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Author : Christian Walter
language : en
Publisher: OUP Oxford
Release Date : 2014-06-05
Self Determination And Secession In International Law written by Christian Walter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-05 with Law categories.
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.
The Creation Of States In International Law
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Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2006
The Creation Of States In International Law written by James Crawford 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 2006 with Law categories.
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.
Legal Implications Of Territorial Secession In Spain
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Author : Carlos Fernández de Casadevante Romani
language : en
Publisher: Springer Nature
Release Date : 2022-09-30
Legal Implications Of Territorial Secession In Spain written by Carlos Fernández de Casadevante Romani and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-30 with Law categories.
The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc.Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim.Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others).And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.
Boundaries And Secession In Africa And International Law
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Author : Dirdeiry M. Ahmed
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-11
Boundaries And Secession In Africa And International Law written by Dirdeiry M. Ahmed 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 2015-12-11 with History categories.
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.
Research Handbook On Secession
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Author : Jure Vidmar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-28
Research Handbook On Secession written by Jure Vidmar 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 2022-12-28 with categories.
Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics. Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward. This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.
Territorial Politics And Secession
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Author : Martin Belov
language : en
Publisher: Palgrave Macmillan
Release Date : 2022-04-13
Territorial Politics And Secession written by Martin Belov and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-13 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.
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.
The Break Up Of Yugoslavia And International Law
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Author : Peter Radan
language : en
Publisher: Routledge
Release Date : 2004-01-14
The Break Up Of Yugoslavia And International Law written by Peter Radan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-14 with Political Science categories.
The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.