Download or read book Self Determination of Peoples and Plural ethnic States in Contemporary International Law written by Edward McWhinney and published by BRILL. This book was released on 2007-09-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Download or read book Self Determination of Peoples and Plural ethnic States in Contemporary International Law written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Download or read book International Law and Self Determination written by Joshua Castellino and published by Martinus Nijhoff Publishers. This book was released on 2000-09-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF UN DOCUMENTS.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Self Determination International Law and Post Conflict Reconstruction written by Manuela Melandri and published by Routledge. This book was released on 2018-10-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
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 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: Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.
Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018-03-23 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Download or read book Deconstructing Self Determination in International Law written by Przemysław Tacik and published by BRILL. This book was released on 2023-07-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Download or read book Peoples and International Law written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2014-04-09 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
Download or read book Perspectives of International Law in the 21st century Perspectives du droit international au 21e si cle written by and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.
Download or read book Peremptory Norms of General International Law Jus Cogens written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Download or read book The Right to Self Determination Under International Law and Politics the Case of the Baloch People written by Hassan Hamdam and published by Trafford Publishing. This book was released on 2020-12-14 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of the right to self-determination phenomenon during the twentieth century changed the political map of the world with the liberation of many nations from the yoke of colonialism. This book is an attempt to navigate the right of self-determination through international legal norms and explore its triumph and failure since the Second World War. It elaborates on the role, position, and the obligations of a modern state in the international law and new emerging relations of people in the world. The bookdescribes briefly the history of British rule in the Indian subcontinent and the creation of the new Muslim state of Pakistan in 1947. The book narrates the events leading to the occupation of Balochistan by Pakistan in 1948. It highlights the long struggle of the Baloch people for the right to self-determination and to explain the right of the Baloch people according to the international principles and provide political and legal methods for the right to self-determination.
Download or read book International Human Rights written by Hurst Hannum and published by Aspen Publishing. This book was released on 2023-01-10 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.
Download or read book The Fight Over Freedom in 20th and 21st Century International Discourse written by Rita Augestad Knudsen and published by Springer Nature. This book was released on 2020-06-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how international discourse citing ‘self-determination’ over the last hundred years has functioned as a battleground between two ideas of freedom: a ‘radical’ idea of freedom, and a ‘liberal-conservative’ idea of freedom. The book examines each of the major moments in which ‘self-determination’ has been a central part of the language of high-level international politics and law: the early 20th century discourse of V.I. Lenin and U.S. President Woodrow Wilson, the aftermath of the First World War and the formulation of the UN Charter, the 1950-1960s UN debates on ‘self-determination’, and the 2008-2010 International Court of Justice case on Kosovo’s declaration of independence. At each of these moments in history, ‘self-determination’ was at the top of the international agenda. And at each moment, a fight over the meaning of freedom played out in ‘self-determination’ discourse. Besides providing insights into the historical times in which self-determination was prominently cited internationally, the book offers a recasting and renewal of international debates on freedom in international discourse.
Download or read book The Politics of Self determination written by Kristina Roepstorff and published by Routledge. This book was released on 2013 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing number of self-determination conflicts where sub-state groups challenge existing state authority. This book explains how self-determination can exercised beyond the decolonisation process and demonstrates that rather than a threat to international peace and stability, it has strong potential as a tool for conflict prevention and resolution.
Download or read book Indigenous Peoples Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
