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Book Minorities  Claims  From Autonomy to Secession

Download or read book Minorities Claims From Autonomy to Secession written by Gnanapala Welhengama and published by Routledge. This book was released on 2017-11-30 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

Book Ethno Cultural Diversity and Human Rights

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.

Book Identity  Self Determination and Secession

Download or read book Identity Self Determination and Secession written by Aleksandar Pavkovic and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States."--Provided by publisher.

Book Cultural Autonomy  Minority Rights  and Globalization

Download or read book Cultural Autonomy Minority Rights and Globalization written by Steven C. Roach and published by Ashgate Publishing, Ltd.. This book was released on 2005 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book analyzes the role of cultural autonomy in advancing minority rights protection on the national and global level. It assesses the historical and legal limits of the right to self-determination and autonomy, and examines the relationship between cultural autonomy and globalization.

Book Democracy  Minorities and International Law

Download or read book Democracy Minorities and International Law written by Steven Wheatley and published by Cambridge University Press. This book was released on 2005-12-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Book Secession in International Law

    Book Details:
  • Author : Milena Sterio
  • Publisher : Edward Elgar Publishing
  • Release : 2018-08-31
  • ISBN : 1785361228
  • Pages : 200 pages

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 200 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.

Book Self Determination and Secession in International Law

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.

Book Abuse

    Book Details:
  • Author : András Sajó
  • Publisher : Eleven International Publishing
  • Release : 2006
  • ISBN : 907759616X
  • Pages : 338 pages

Download or read book Abuse written by András Sajó and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.

Book Ethnic Bargaining

Download or read book Ethnic Bargaining written by Erin K. Jenne and published by Cornell University Press. This book was released on 2014-05-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethnic Bargaining introduces a theory of minority politics that blends comparative analysis and field research in the postcommunist countries of East Central Europe with insights from rational choice. Erin K. Jenne finds that claims by ethnic minorities have become more frequent since 1945 even though nation-states have been on the whole more responsive to groups than in earlier periods. Minorities that perceive an increase in their bargaining power will tend to radicalize their demands, she argues, from affirmative action to regional autonomy to secession, in an effort to attract ever greater concessions from the central government.The language of self-determination and minority rights originally adopted by the Great Powers to redraw boundaries after World War I was later used to facilitate the process of decolonization. Jenne believes that in the 1960s various ethnic minorities began to use the same discourse to pressure national governments into transfer payments and power-sharing arrangements. Violence against minorities was actually in some cases fueled by this politicization of ethnic difference.Jenne uses a rationalist theory of bargaining to examine the dynamics of ethnic cleavage in the cases of the Sudeten Germans in interwar Czechoslovakia; Slovaks and Moravians in postcommunist Czechoslovakia; the Hungarians in Romania, Slovakia, and Vojvodina; and the Albanians in Kosovo. Throughout, she challenges the conventional wisdom that partisan intervention is an effective mechanism for protecting minorities and preventing or resolving internal conflict.

Book Self determination and Secession in International Law

Download or read book Self determination and Secession in International Law written by Christian Walter and published by Oxford University Press, USA. This book was released on 2014 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present volume is the result of co-operation on the issue of self-determination and secession with a specific focus on conflicts in the CIS region". -- PREFACE.

Book International Conflict Resolution After the Cold War

Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Book A Theory of Secession

    Book Details:
  • Author : Christopher Heath Wellman
  • Publisher : Cambridge University Press
  • Release : 2005-09-05
  • ISBN : 9780521849159
  • Pages : 224 pages

Download or read book A Theory of Secession written by Christopher Heath Wellman and published by Cambridge University Press. This book was released on 2005-09-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

Book Autonomy  Sovereignty  and Self Determination

Download or read book Autonomy Sovereignty and Self Determination written by Hurst Hannum and published by University of Pennsylvania Press. This book was released on 1996 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The content of autonomy

Book The Symbolic State

Download or read book The Symbolic State written by Karlo Basta and published by McGill-Queen's Press - MQUP. This book was released on 2021-11-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation-state is a double sleight of hand, naturalizing both the nation and the state encompassing it. No such naturalization is possible in multinational states. To explain why these countries experience political crises that bring their very existence into question, standard accounts point to conflicts over resources, security, and power. This book turns the spotlight on institutional symbolism. When minority nations in multinational states press for more self-government, they are not only looking to protect their interests. They are asking to be recognized as political communities in their own right. Yet satisfying their demands for recognition threatens to provoke a reaction from members of majority nations who see such changes as a symbolic repudiation of their own vision of politics. Secessionist crises flare up when majority backlash reverses symbolic concessions to minority nations. Through a synoptic historical sweep of Canada, Spain, Yugoslavia, and Czechoslovakia, The Symbolic State shows us that institutions may be more important for what they mean than for what they do. A major contribution to the study of comparative nationalism and secession, comparative politics, and social theory, The Symbolic State is particularly timely in an era when the power of symbols – exemplified by Brexit, the Donald Trump presidency, and the rise of the Black Lives Matter movement – is reshaping politics.

Book Morality and Legality of Secession

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.

Book Kashmir in the Shadow of War

Download or read book Kashmir in the Shadow of War written by Robert G. Wirsing and published by Routledge. This book was released on 2016-09-16 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely study examines the Indian-Pakistani conflict over Kashmir as this long-standing confrontation between regional rivals became inflamed. It focuses on the period from the effective nuclearization of the dispute in 1998 to the introduction of U.S. troops into the region in connection with the war in Afghanistan. Four chapters take on key problems illustrated by this case: Regional rivalry, Intervention, Religious conflicts, Conflict resolution. The author is an advocate of international intervention in regional conflicts and does not think that leaving the contesting parties to settle their dispute (a sort of benign neglect) is a responsible U.S. policy.

Book Asymmetric Autonomy and the Settlement of Ethnic Conflicts

Download or read book Asymmetric Autonomy and the Settlement of Ethnic Conflicts written by Marc Weller and published by University of Pennsylvania Press. This book was released on 2011-10-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.