Download or read book International Law and Self Determination written by Joshua Castellino and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.
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 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 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 337 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 The Principle of Self determination in International Law written by W. Ofuatey-Kodjoe and published by New York : Nellen Publishing Company. This book was released on 1977 with total page 264 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 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 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 The Principle of Self Determination in International Law written by W. Ofuatey-Kodjoe and published by Irvington Pub. This book was released on 1977 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The UN Friendly Relations Declaration at 50 written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2020-10-08 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
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 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 A History of the Self Determination of Peoples written by Jörg Fisch and published by Cambridge University Press. This book was released on 2015-12-09 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptual and political history of the right of self-determination of peoples.
Download or read book The Right to Self determination written by Aureliu Cristescu and published by New York : United Nations. This book was released on 1981 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sovereignty in the Exercise of the Right to Self Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-09-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
