Statehood And Self Determination

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Statehood And Self Determination
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Author : Duncan French
language : en
Publisher: Cambridge University Press
Release Date : 2013-02-21
Statehood And Self Determination written by Duncan French 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 2013-02-21 with Law categories.
This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Statehood And The Law Of Self Determination
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Author : David Raic
language : en
Publisher: BRILL
Release Date : 2002-09-01
Statehood And The Law Of Self Determination written by David Raic and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-01 with Law categories.
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Democratic Statehood In International Law
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Author : Jure Vidmar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-28
Democratic Statehood In International Law written by Jure Vidmar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Law categories.
This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
International Law
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Author : Malcolm David Evans
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
International Law written by Malcolm David Evans and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
Fragmentation And The International Relations Of Micro States
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Author : Jorri Duursma
language : en
Publisher: Cambridge University Press
Release Date : 1996-10-31
Fragmentation And The International Relations Of Micro States written by Jorri Duursma 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 1996-10-31 with History categories.
At a time when nearly all armed conflicts are related to self-determination, and frequently to claims for secession, this meticulous study examines the legal issues at stake in the light of the existence of European micro-States: Liechtenstein, San Marino, Monaco, Andorra and the Vatican City. Jorri Duursma makes a thorough analysis of the true origins, meaning and faults of the modern right of self-determination, asking fundamental questions: What constitutes a people with a right to self-determination? How small a people has this right? Who are allowed to secede? What is a state according to international law? Jorri Duursma's book provides an up-to-date and informed account of these important issues which also draws on recent experiences in Eastern Europe and Yugoslavia. It is the first book to provide a thorough international legal account of the European micro-states, and develops a novel approach to the problems of fragmentation.
Treaty And Statehood
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Author : Michael Mansell
language : en
Publisher:
Release Date : 2016
Treaty And Statehood written by Michael Mansell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Aboriginal Australians categories.
If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...
A History Of The Self Determination Of Peoples
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Author : Jörg Fisch
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-09
A History Of The Self Determination Of Peoples written by Jörg Fisch 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 2015-12-09 with History categories.
This book examines the conceptual and political history of the right of self-determination of peoples.
Statehood And Self Determination
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Author : Duncan French
language : en
Publisher: Cambridge University Press
Release Date : 2013-02-21
Statehood And Self Determination written by Duncan French 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 2013-02-21 with Law categories.
The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.
Rethinking Statehood In Palestine
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Author : Leila H. Farsakh
language : en
Publisher: Univ of California Press
Release Date : 2021-10-26
Rethinking Statehood In Palestine written by Leila H. Farsakh and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with History categories.
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.
Autonomy Sovereignty And Self Determination
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Author : Hurst Hannum
language : en
Publisher: University of Pennsylvania Press
Release Date : 1996
Autonomy Sovereignty And Self Determination written by Hurst Hannum 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 1996 with Law categories.
The content of autonomy