Download or read book Self Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges a central assumption of the international law of territory. The author argues that, contrary to the finding in the Frontier Dispute, uti possidetis is not a general principle of law enjoining states to preserve pre-existing boundaries on state succession. The book demonstrates that African state practice gave rise to customary rules of intangibility of inherited frontiers and respecting the territorial status quo that, respectively, regulate sovereign territory transfer in Africa on independence and beyond. It explains that those rules changed international law as it relates to Africa in many aspects, including the creation of norms of African jus cogens prohibiting secession and the redrawing of boundaries. The book examines in depth the phenomenon of secession in Africa, exploring extensive state practice. Finally, it advances a daring argument for a right to egalitarian self-determination, addressing domination in multi-ethnic states, to serve as an exception to the African rule against secession.
Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by Cambridge University Press. This book was released on 2015-12-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Africa and the Development of International Law written by Taslim Olawale Elias and published by Brill Archive. This book was released on 1972 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law and Self Determination written by Joshua Castellino and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.
Download or read book International Law and Boundary Disputes in Africa written by Gbenga Oduntan and published by Routledge. This book was released on 2015-06-26 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.
Download or read book Secession in International Law written by Milena Sterio and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Africa and the Development of International Law written by Richard Akinjide and published by BRILL. This book was released on 2023-12-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Africa written by Jeremy I Levitt and published by Hart Publishing. This book was released on 2008-03-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book international lawyers address the intellectual challenges concerning African states and peoples contributions to international law.
Download or read book Self Determination and Secession in Africa written by Redie Bereketeab and published by Routledge. This book was released on 2014-08-07 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Determining Boundaries in a Conflicted World written by Suzanne N. Lalonde and published by McGill-Queen's Press - MQUP. This book was released on 2002-12-06 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: She argues that nothing justifies conferring such a binding status on the principle and that the uti possidetis applied in Yugoslavia was an entirely new version that can derive no legitimacy from colonial precedents. While the doctrine may have considerable utility in some cases, it is only principle among many that must be considered if future disputes are to be resolved so as to promote long term peace and stability. Lalonde sounds a cautionary note, showing that the idea that uti possidetis provides a one-size-fits-all, legally incontestable solution to all territorial disputes is an illusion.
Download or read book Title to Territory in Africa written by Malcolm Nathan Shaw and published by . This book was released on 1986 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.
Download or read book Bondage of Boundaries and Identity Politics in Postcolonial Africa written by Ndlovu-Gatsheni, Sabelo J. and published by Africa Institute of South Africa. This book was released on 2013-10-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: What has confounded African efforts to create cohesive, prosperous and just states in postcolonial Africa? What has been the long-term impact of the Berlin Conference of 1884-5 on African unity and African statehood? Why is postcolonial Africa haunted by various ethno national conflicts? Is secession and irredentism the solution? Can we talk of ethno-futures for Africa? These are the kinds of fundamental questions that this important book addresses. Sabelo J. Ndlovu-Gatsheni and Brilliant Mhlanga's book introduces the metaphor of the 'northern problem' to dramatise the fact that there is no major African postcolonial state that does not enclose within its borders a disgruntled minority that is complaining of marginalization, domination and suppression. The irony is that in 1963 at the formation of the OAU, postcolonial African leaders embraced the boundaries arbitrarily drawn by European colonialists and institutionalised the principle of inviolability of 'bondage of boundaries' thereby contributing to the problem of ethno-national conflicts. The successful struggle for independence of the Eritrean people and the secession of South Sudan in 2011 have encouraged other dominated and marginalised groups throughout Africa to view secession as an option. Ndlovu-Gatsheni and Mhlanga successfully assembled competent African scholars to deal exhaustively with various empirical cases of ethno-national conflicts throughout the African continent as well as engaging with such pertinent issues as Pan-Africanism as a panacea to these problems. This important book delves deeper into complex issues of space, languages, conflict, security, nation-building, war on terror, secession, migration, citizenship, militias, liberation, violence and Pan-Africanism.
Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by Cambridge University Press. This book was released on 2015-12-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges a central assumption of the international law of territory. The author argues that, contrary to the finding in the Frontier Dispute case, uti possidetis is not a general principle of law enjoining states to preserve pre-existing boundaries on state succession. It demonstrates that African state practice and opinio juris gave rise to customary rules that govern sovereign territory transfer in Africa. It explains that those rules changed international law as it relates to Africa in many respects, leading chiefly to creating norms of African jus cogens prohibiting secession and the redrawing of boundaries. The book examines in-depth the singularity of secession in Africa exploring extensive state practice and case law. Finally, it advances a daring argument for a right to egalitarian self-determination, addressing people-to-people domination in multi-ethnic African states, to serve as an exception to the fast special customary rule against secession.
Download or read book The Settlement of Boundary Disputes in International Law written by A. Oye Cukwurah and published by Manchester University Press. This book was released on 1967 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book African Boundaries written by Ian Brownlie and published by University of California Press. This book was released on 1979-01-01 with total page 1355 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.
