Download or read book International Legal Effects of Secession by Quebec written by Sharon Anne Williams and published by North York, Ont. : York University Centre for Public Law and Public Policy. This book was released on 1992 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Download or read book Self Determination in International Law Quebec and Lessons Learned written by Anne Bayefsky and published by BRILL. This book was released on 2021-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
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 The Republic of Quebec written by David DesBaillets and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998 the Supreme Court of Canada was asked by the federal government to gives it opinion on a matter that goes to the very heart of the Canadian constitution. In short: does Quebec have the right, both in terms of international and domestic law, to secede from Canada? The answer would have implications not only for the Canadian constitution but international law as well. In the event that these questions were resolved by a sovereigntist government in Quebec and that government assumed a mandate to pursue secession from the rest of Canada, to what extent under international law is the question of secession now regulated by international legal norms? In the process of researching this thesis, I came across the work of jurists who vehemently dispute the Supreme Court's contention that the legitimacy of the process of secession is a pre-condition for international recognition nor is it an established norm of international law, as was suggested by the court in its judgment. They maintain that there are a number of cases that contradict the Court. Whether these cases are relevant to the Canadian question of secession, is open to debate. However, it seems clear that, far from being well-established international law, these issues continue to be extremely problematic. But it does seem clear that the question of secession and recognition in the international system are now, to some extent, subject to certain legal criteria, some of which (e.g. self-determination) are raised by the court in the context of the Reference and must now be regarded as applying to the case of Quebec at least.
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.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Constitutional Law and Politics of Secession written by Antoni Abat i Ninet and published by Taylor & Francis. This book was released on 2023-07-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Download or read book The Law of Independence written by Frédéric Bérard and published by . This book was released on 2017-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Secession written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-09-04 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession explores the complexities of state separation, providing an in-depth analysis of historical and contemporary movements. It challenges traditional views on sovereignty and self-determination, making it a vital resource for those interested in political science. 1-Secession-Defines secession, its legal basis, and political motivations. 2-Self-determination-Explores self-determination's role in secession. 3-Independence-Analyzes independence through case studies. 4-Quebec sovereignty movement-Discusses the movement's impact on Canadian politics. 5-Reference Re Secession of Quebec-Reviews the legal aspects of Quebec's secession. 6-Regionalism (politics)-Examines regionalism's influence on secession. 7-Secessionist movements of Canada-Overview of Canada's secessionist movements. 8-List of historical separatist movements-Global perspective on historical separatist movements. 9-Secessionism in Western Australia-Analyzes Western Australian secessionism. 10-Thomas Naylor-Covers the contributions of Thomas Naylor to secessionism. 11-League of the South-Examines the ideology of this U.S. secessionist group. 12-Cascadia movement-Looks into the Cascadia movement's goals and motivations. 13-Legal status of Texas-Discusses legal debates on Texas' status. 14-Presidency of James Buchanan-Reviews Buchanan's influence on U.S. secession. 15-Secession in the United States-Detailed analysis of American secession movements. 16-Texas secession movements-Focuses on Texas' secessionist history and present relevance. 17-1933 Western Australian secession referendum-Reviews the referendum and its effects. 18-List of active separatist movements in Oceania-Details ongoing separatist movements in Oceania. 19-List of active separatist movements in North America-Analyzes North American separatist movements. 20-List of active separatist movements in Africa-Overview of current African separatist movements. 21-Cape Independence-Explores the Cape Independence movement's implications for South Africa. By reading Secession, you'll gain valuable insights into the complex dynamics of state separation movements, making this book indispensable for political science enthusiasts.
Download or read book Remedial Secession written by Simone F. van den Driest and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
Download or read book Cooler Heads Shall Prevail written by Patrick J. Monahan and published by . This book was released on 1995 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study addresses the legal aspects of Quebec's intention to secede from Canada. The paper looks at the legal framework governing secession in both Canadian and international law; describes the manner in which events might unfold during the period immediately following a positive referendum result; takes issues with the claim that Quebec secession is a matter for Quebecers alone to decide; and analyzes the two ways in which Quebec could secede, by amendment to the Canadian Constitution or by a unilateral declaration of independence by the Quebec Government.
Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Download or read book Secession written by Allen Buchanan and published by Westview Press. This book was released on 1991-09-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.
Download or read book Constitutionalising Secession written by David Haljan and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.
Download or read book Between Democracy and Law written by Carlos Closa and published by Routledge. This book was released on 2019-09-30 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
