Download or read book Diversity and Self Determination in International Law written by Karen Knop and published by Cambridge University Press. This book was released on 2002-04-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
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 340 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 Self determination in International Law written by U. O. Umozurike and published by [Hamden, Conn.] : Archon Books. This book was released on 1972 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethno Cultural Diversity and Human Rights written by Gaetano Pentassuglia and published by BRILL. This book was released on 2017-11-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.
Download or read book The Theory of Self Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Download or read book Indigenous Rights and United Nations Standards written by Alexandra Xanthaki and published by Cambridge University Press. This book was released on 2007-05-17 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.
Download or read book Self Determination of Peoples written by Antonio Cassese and published by Cambridge University Press. This book was released on 1995 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive study of the doctrine of self-determination of peoples.
Download or read book Self determination in International Law written by Robert McCorquodale and published by Ashgate Publishing. This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.
Download or read book DIVERSITY CULTURE AND INTERNATIONAL LAW written by Diana Kuring and published by epubli GmbH. This book was released on 2014-10-10 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Female genital mutilation is indeed a complex phenomenon whose multiple dimensions influence international law engagement at the level of the United Nations.
Download or read book International Law and Self determination written by Joshua Castellino and published by . This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Self determination Under International Law written by Milena Sterio and published by Routledge. This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Download or read book Reckoning with Empire Self Determination in International Law written by Miriam Bak Mckenna and published by BRILL. This book was released on 2022-11-28 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation.
Download or read book Sovereignty and Diversity written by Miodrag Jovanović and published by Eleven International Publishing. This book was released on 2008 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a broader liberal-democratic doctrine, this book sets out plausible strategies to cope with the problems that evolve from this issue. Sovereignty and Diversity is divided into three parts. In Part I, various normative theories of secession are evaluated both in relation to philosophy and to political science. Furthermore, the value and possible role of the uti possidetis principle is discussed. Part II addresses the value of various other methods to accommodate population diversity as means to solve disputes over sovereignty - namely multiculturalism, federalism, and decentralization, as well as minority rights. Finally, Part III groups together three case studies - the first two dealing with the secession and partition theme, while the last one shows the potential of other, less controversial means to address tensions about sovereignty. This volume is a collection of updated papers presented at the University of Belgrade in July 2005, at the international conference "Legal and Political Solution to Disputes over Sovereignty - From Kosovo to Quebec."
Download or read book Self determination in International Law written by Robert McCorquodale and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2000: 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. The articles in the text explore such areas as political self-determination in the context of the African Charter on Human and Peoples' Rights, the right of self-determination for indigenous peoples under international law, minorities and human rights, women and self-determination, and the emerging right to democratic governance in international law."--Provided by publisher.
Download or read book Self Determination and Secession written by Natalija Shikova and published by Springer Nature. This book was released on 2023-08-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
Download or read book Internal Self Determination in International Law written by Kalana Senaratne and published by Cambridge University Press. This book was released on 2021-08-05 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear and accessible study of the principle of internal self-determination in international law.
Download or read book Minority Self Government in Europe and the Middle East written by Olgun Akbulut and published by BRILL. This book was released on 2019-07-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, Minority Self-Government in Europe and theMiddle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation.
