• Law

Self-Determination and Secession in International Law


Author: Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher: OUP Oxford
ISBN: 0191006912
Category: Law
Page: 340
View: 9147
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.

    • Law

Self-Determination and Secession in International Law


Author: Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher: OUP Oxford
ISBN: 0191006920
Category: Law
Page: 340
View: 7565
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.

    • Law

Self-Determination and Secession in International Law


Author: Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher: Oxford University Press, USA
ISBN: 019870237X
Category: Law
Page: 318
View: 3611
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 (Armenia), 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.

    • Business & Economics

Self-Determination and Secession in Africa

The Post-Colonial State
Author: Redie Bereketeab
Publisher: Routledge
ISBN: 1317649680
Category: Business & Economics
Page: 296
View: 2269
This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.

    • Law

Self-Determination and Humanitarian Secession in International Law of a Globalized World

Kosovo v. Crimea
Author: Juan Francisco Escudero Espinosa
Publisher: Springer
ISBN: 3319726226
Category: Law
Page: 204
View: 7989
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.

    • Law

The Oxford Handbook of Comparative Constitutional Law


Author: Michel Rosenfeld,András Sajó
Publisher: OUP Oxford
ISBN: 0191640174
Category: Law
Page: 1416
View: 4897
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

    • Law

Secession

International Law Perspectives
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category: Law
Page: 510
View: 4126
A comprehensive study of secession from an international law perspective.

    • Political Science

National Self-Determination and Secession


Author: Margaret Moore
Publisher: OUP Oxford
ISBN: 0191522163
Category: Political Science
Page: 296
View: 2946
In recent years, numerous multi-national states have disintegrated along national lines, and today, many more, in both the first and the third worlds, continue to witness bitter secessionist struggles. The proliferation of national conflicts and secessionist movements has given rise to many important questions which urgently need to be addressed. When is seccession justified? What is a people and what gives them a right to secede? Is national determination consistent with liberal and democratic principles? Or is it a dangerous doctrine? In the years following 1991, when Allen Buchanan published Secession, a number of competing theories of the ethics of secession have been put forward. This pathbreaking study, by a host of leading figures in the field, brings together for the first time a series of original essays on these theories. Offering fresh insight into debates about contested territory, the problem of minorities, and the place of secession in resolving national conflicts, this volume provides a much-needed philosophical discussion of the normative implications of nationalism.

    • Law

The Right to Self-determination Under International Law

"selfistans", Secession and the Rule of the Great Powers
Author: Milena Sterio
Publisher: Routledge
ISBN: 0415668182
Category: Law
Page: 206
View: 4715
This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.

    • Law

Statehood and Self-Determination

Reconciling Tradition and Modernity in International Law
Author: Duncan French
Publisher: Cambridge University Press
ISBN: 1107029333
Category: Law
Page: 534
View: 3279
Provides detailed analysis of fundamental issues of statehood and recognition, self-determination, and the rights of indigenous peoples.

    • Political Science

Justice, Legitimacy, and Self-Determination

Moral Foundations for International Law
Author: Allen Buchanan
Publisher: OUP Oxford
ISBN: 0191522465
Category: Political Science
Page: 520
View: 3999
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

    • History

Boundaries and Secession in Africa and International Law

Challenging Uti Possidetis
Author: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1107117984
Category: History
Page: 314
View: 1346
Challenges the centrality of uti possidetis in the law of territory, with in-depth human rights law coverage of African secession.

    • Law

Sovereignty in the Exercise of the Right to Self-Determination


Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category: Law
Page: 380
View: 3935
In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.

    • Law

Self-determination in International Law

Quebec and Lessons Learned : Legal Opinions
Author: Anne F. Bayefsky
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111548
Category: Law
Page: 512
View: 6496
The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the "Quebec Secession Reference." The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

    • Law

Secession and Self-Determination

NOMOS XLV
Author: Stephen Macedo,Allen Buchanan
Publisher: NYU Press
ISBN: 0814756891
Category: Law
Page: 323
View: 3205
The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?

    • Law

The Creation of States in International Law


Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Category: Law
Page: 870
View: 6363
Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

    • Law

Modern law and self-determination


Author: Christian Tomuschat
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792323518
Category: Law
Page: 347
View: 574
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

    • Law

Democratic Statehood in International Law

The Emergence of New States in Post-Cold War Practice
Author: Jure Vidmar
Publisher: Bloomsbury Publishing
ISBN: 1782250913
Category: Law
Page: 302
View: 2473
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.

    • Law

Self-determination in International Law


Author: Robert McCorquodale
Publisher: Ashgate Pub Limited
ISBN: 9781840140996
Category: Law
Page: 619
View: 8560
This text is part of a series which aims to bring together articles in international law. The text presents an informative introduction which provides an overview of the subject matter and justification of why the articles were collected.

    • Law

The Theory of Self-Determination


Author: Fernando R. Tesón
Publisher: Cambridge University Press
ISBN: 1107119138
Category: Law
Page: 258
View: 4393
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.