Secession And International Law
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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.
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.
Self Determination And Humanitarian Secession In International Law Of A Globalized World
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Author : Juan Francisco Escudero Espinosa
language : en
Publisher: Springer
Release Date : 2018-03-24
Self Determination And Humanitarian Secession In International Law Of A Globalized World written by Juan Francisco Escudero Espinosa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-24 with Law categories.
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.
The Right To Self Determination Under International Law
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Author : Milena Sterio
language : en
Publisher: Routledge
Release Date : 2013
The Right To Self Determination Under International Law written by Milena Sterio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Minorities Claims From Autonomy To Secession
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Author : Gnanapala Welhengama
language : en
Publisher: Routledge
Release Date : 2017-11-30
Minorities Claims From Autonomy To Secession written by Gnanapala Welhengama and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Social Science categories.
This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.
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.
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.
Secession And International Law
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Author : Julie Dahlitz
language : en
Publisher: T.M.C. Asser Press
Release Date : 2002-12-31
Secession And International Law written by Julie Dahlitz and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Law categories.
In this volume the contributors focus on the issues of the legality or otherwise of the aspiration to secede in defined situations, as well as the appropriate means by which secessionist aims may be pursued or resisted. To dispel resentment, all cases must be judged by the same criteria, while variations in treatment due to factual differences have to be on the basis of clear distinctions made on equitable grounds. Even if not uniformly enforceable, they must be universally applicable. What should be those criteria? At present there is only partial consensus on the issues. Consequently, the Consortium on International Dispute Resolution (CIDIR) initiated a series of regional conferences on the subject of Secession and International Law, in collaboration with a number of the most prestigious institutes of international law and international relations on four continents. The contents of this volume are based on the results of those conferences.
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.