Download or read book National Self Determination and Secession written by Margaret Moore and published by OUP Oxford. This book was released on 1998-10-08 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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.
Download or read book Self Determination and Humanitarian Secession in International Law of a Globalized World written by Juan Francisco Escudero Espinosa and published by Springer. This book was released on 2018-03-24 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 Self Determination and Collective Responsibility in the Secessionist Struggle written by Costas Laoutides and published by Routledge. This book was released on 2016-03-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity.
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.
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 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 Secession written by Lee C. Buchheit and published by . This book was released on 1978 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self determination written by Patricia Carley and published by . This book was released on 1996 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statehood and the Law of Self Determination written by David Raic and published by BRILL. This book was released on 2002-09-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
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 Statehood and Self Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Download or read book Autonomy and Self Determination written by Peter Hilpold and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.
Download or read book Identity Self Determination and Secession written by Igor Primoratz and published by Routledge. This book was released on 2018-01-18 with total page 289 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.
