Download or read book Secession and State Creation written by James Ker-Lindsay and published by Oxford University Press. This book was released on 2022 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.
Download or read book Secession and Statehood written by Ana Gemma López Martín and published by Routledge. This book was released on 2021-09-08 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms – such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.
Download or read book On the Way to Statehood written by Peter Radan and published by Routledge. This book was released on 2017-05-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present international order is characterized by the rapid globalization of economic activity, by systematic attempts to coordinate state responses to the outbreaks of violence and by unilateral military interventions against sovereign states either by the USA or by one of its regional allies. This collection explores the changes that the current international order has brought to the theory and practice of recognition of secessionist claims and to the conditions for secessionist mobilization. The volume examines how independence movements achieve legitimacy amongst both their target populations and outside states, and how the forces of increasing economic globalization and political interdependence impact on secessionist mobilization. It addresses how the outside states recognize the independence of new states and whether the claims to independent statehood can be justified within normative theories of secession and international law. These issues are explored both through comparative analysis within legal, international relations and political science frameworks and through an examination of several recent attempts at secession.
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 Seceding from Secession written by Eric J. Wittenberg and published by Savas Beatie. This book was released on 2020-06-09 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.
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 The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
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 Creating New States written by Dr Aleksandar Pavkovic and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.
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 Regional Politics and State Secession written by Nelson, Elizabeth A. and published by Edward Elgar Publishing. This book was released on 2021-09-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: While a number of movements seek state secession, the majority never achieves internationally recognized statehood. Paradoxically, some movements that have succeeded have had weaker claims to statehood than many movements that have failed. Regional Politics and State Secession seeks to explain the variation in outcomes for secessionist movements. Why do some movements succeed when so many fail?
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 International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 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 Regional Politics and State Secession written by Elizabeth A. Nelson and published by Edward Elgar Publishing. This book was released on 2021-09-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: While a number of movements seek state secession, the majority never achieves internationally recognized statehood. Paradoxically, some movements that have succeeded have had weaker claims to statehood than many movements that have failed. Regional Politics and State Secession seeks to explain the variation in outcomes for secessionist movements and explores the reasons for why some movements succeed when so many fail. The author proposes a novel theory of secession based on the politics of the region, with the argument that only those secessionist movements that have the support of regional state and institutional actors will succeed in achieving internationally recognized statehood. Through an analysis of six movements across three regions, this book demonstrates why and how regional actors hold the key to understanding when a secessionist movement will find success. This work will appeal to an interdisciplinary academic audience. It lies at the intersection of international relations, international law, and comparative politics. While its core argument is based in international relations, its engagement with legal issues and its in-depth case studies, make it particularly relevant for those interested in international law and comparative politics.
Download or read book Unrecognized States and Secession in the 21st Century written by Martin Riegl and published by Springer. This book was released on 2017-05-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.
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 Secession and the Sovereignty Game written by Ryan D. Griffiths and published by Cornell University Press. This book was released on 2021-05-15 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession and the Sovereignty Game offers a comprehensive strategic theory for how secessionist movements attempt to win independence. Combining original data analysis, fieldwork, interviews with secessionist leaders, and case studies on Catalonia, the Murrawarri Republic, West Papua, Bougainville, New Caledonia, and Northern Cyprus, Ryan D. Griffiths shows how the rules and informal practices of sovereign recognition create a strategic playing field between existing states and aspiring nations that he terms "the sovereignty game." To win sovereign statehood, all secessionist movements have to maneuver on the same strategic playing field while varying their tactics according to local conditions. To obtain recognition, secessionist movements use tactics of electoral capture, nonviolent civil resistance, and violence. To persuade the home state and the international community, they appeal to normative arguments regarding earned sovereignty, decolonization, the right to choose, inherent sovereignty, and human rights. The pursuit of independence can be enormously disruptive and is quite often violent. By advancing a theory that explains how sovereign recognition has succeeded in the past and is working in the present, and by anticipating the practices of future secessionist movements, Secession and the Sovereignty Game also prescribes solutions that could make the sovereignty game less conflictual.
