Settling Self Determination Disputes
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Settling Self Determination Disputes
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Author : Marc Weller
language : en
Publisher: BRILL
Release Date : 2008
Settling Self Determination Disputes 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 2008 with Law categories.
The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.
Settling Self Determination Conflicts
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Author : Marc Weller
language : en
Publisher:
Release Date : 2010
Settling Self Determination Conflicts written by Marc Weller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Self-determination conflicts outside the colonial context have previously appeared virtually impossible to settle. Long-running and very destructive internal armed conflicts have been the result. Since the termination of the Cold War, however, there has been a veritable wave of self-determination settlements. While some of these trade the claim to secession for internal autonomy in order to safeguard the territorial unity of the state, a number of innovative solutions have been adopted, going beyond this traditional approach. This article reviews over 40 settlements and draft settlements in order to identify an emerging post-modern pattern of practice of settling self-determination disputes. The article also assesses the impact of this practice on the classical, restrictive understanding of the doctrine of self-determination.
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.
Negotiating Self Determination
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Author : Hurst Hannum
language : en
Publisher: Lexington Books
Release Date : 2006
Negotiating Self Determination written by Hurst Hannum and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Language Arts & Disciplines categories.
Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.
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.
Autonomy Self Governance And Conflict Resolution
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Author : Marc Weller
language : en
Publisher: Routledge
Release Date : 2005-04-12
Autonomy Self Governance And Conflict Resolution written by Marc Weller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-12 with Political Science categories.
Conflicts over the rights of self-defined population groups to determine their own destiny within the boundaries of existing states are among the most violent forms of inter-communal conflict. Many experts agree that autonomy regimes are a useful framework within which competing claims to self-determination can be accommodated. This volume explores and analyses the different options available. The contributors assess the current state of the theory and practice of institutional design for the settlement of self-determination conflicts, and also compare and contrast detailed case studies on autonomous regimes in the former Yugoslavia, the Crimea, Åland, Northern Ireland, Latin America, Indonesia and Vietnam.
Inside The Politics Of Self Determination
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Author : Kathleen Gallagher Cunningham
language : en
Publisher: Oxford University Press
Release Date : 2014-08-25
Inside The Politics Of Self Determination written by Kathleen Gallagher Cunningham 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 2014-08-25 with Political Science categories.
There are currently over 100 stateless nations pressing for greater self-determination around the globe. The vast majority of these groups will never achieve independence. Many groups will receive some accommodation over self-determination, many will engage in civil war over self-determination, and in many cases, internecine violence will plague these groups. This book examines the dynamic internal politics of states and self-determination groups. The internal structure and political dynamics of states and self-determination groups significantly affect information and credibility problems faced by these actors, as well as the incentives and opportunities for states to pursue partial accommodation of these groups. Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics. The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.
Asymmetric Autonomy And The Settlement Of Ethnic Conflicts
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Author : Marc Weller
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-10-11
Asymmetric Autonomy And The Settlement Of Ethnic Conflicts written by Marc Weller and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-11 with Political Science categories.
Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.
Divided And Conquered
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Author : Kathleen Gallagher Cunningham
language : en
Publisher:
Release Date : 2007
Divided And Conquered written by Kathleen Gallagher Cunningham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Corsicans categories.
This dissertation examines the politics of self-determination and asks why some pairs of governments and minority populations can successfully renegotiate autonomy status while others are unable to do so. Disputes over self-determination are among the most common kind of conflict in the international system today and autonomy-based settlements are the most widely promoted solution. I argue that the internal structure of both movements for self-determination and national governments structures the negation process in these disputes and the incentives that both sides have for settlement. Previous explanations have treated both of these actors as unitary, ignoring important variation in the internal politics of self-determination movements and governments. I test my theory using two types of analysis - a quantitative study of self-determination disputes from 1960 to 2003 and a set of case studies within France and India. The quantitative analysis reveals that the internal structure of self-determination movements and governments has a systemic effect on both autonomy settlements and conflict. Governments with a moderate number of internal actors that can hold up policy change are most likely to implement an autonomy agreement. In contrast, self-determination movements with many internal factions are most likely receive autonomy, followed by very cohesive movements. Self-determination movements with a moderate number of internal factions are least likely to receive autonomy and most likely to be in conflict. The comparison of French government negotiations with the Corsicans since 1970 demonstrates that overcoming internal barriers to devolving autonomy at the national level was a major determinant of the type of deal the Corsicans received. Moreover, my comparison of three Indian self-determination movements illustrates the importance of coordination within divided movements and demonstrates that the Indian government responded strategically to the divisions within these movements.
Self Determination In Disputed Colonial Territories
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Author : Jamie Trinidad
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-15
Self Determination In Disputed Colonial Territories written by Jamie Trinidad 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 2018-02-15 with Law categories.
Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.