Statehood and Self Determination

  • Filename: statehood-and-self-determination.
  • ISBN: 9781107029330
  • Release Date: 2013-02-21
  • Number of pages: 534
  • Author: Duncan French
  • Publisher: Cambridge University Press



Provides detailed analysis of fundamental issues of statehood and recognition, self-determination, and the rights of indigenous peoples.

Statehood and the Law of Self Determination

  • Filename: statehood-and-the-law-of-self-determination.
  • ISBN: 904111890X
  • Release Date: 2002-09-25
  • Number of pages: 495
  • Author: D. Rai*c
  • Publisher: Martinus Nijhoff Publishers



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.

Kosovo A Precedent

  • Filename: kosovo-a-precedent.
  • ISBN: 9789004175990
  • Release Date: 2011-08-25
  • Number of pages: 455
  • Author: James Summers
  • Publisher: Martinus Nijhoff Publishers



This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.

Escaping the Self Determination Trap

  • Filename: escaping-the-self-determination-trap.
  • ISBN: 9789047428343
  • Release Date: 2009-01-29
  • Number of pages: 230
  • Author: Marc Weller
  • Publisher: BRILL



There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.

Self Determination Statehood and the Law of Negotiation

  • Filename: self-determination-statehood-and-the-law-of-negotiation.
  • ISBN: 9781509902415
  • Release Date: 2016-01-28
  • Number of pages: 264
  • Author: Robert P. Barnidge, Jr.
  • Publisher: Bloomsbury Publishing



From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

From protectorate to statehood

  • Filename: from-protectorate-to-statehood.
  • ISBN: 9050959938
  • Release Date: 2009
  • Number of pages: 287
  • Author: Heribert Franz Koeck
  • Publisher:



Kosovo represents, in a nutshell, the problems created in the Balkans by past history and modern power politics. Former Yugoslavia was exemplary for an artificial State where even the division into five republics and two autonomous provinces did not satisfy the divergent aspirations of the respective nations and ethnic groups; it disintegrated as soon as communist ideology and Serb-dominated armed forces ceased to exist as a common bond. This faced the international community and its legal order with an enormous challenge. This book explores the question of how to reconcile the principle of territorial integrity of States with legitimate claims for secession in exercising the right of self-determination in general. Subsequently it focuses in detail on the special case of Kosovo, comparing the meanwhile successful independence process with the Abkhazian and Southern Ossetian matters. Beyond that the book examines the legal and political challenges for the European Unions commitment to the Kosovo under its Common Foreign and Security Policy.

Self Determination and Secession in International Law

  • Filename: self-determination-and-secession-in-international-law.
  • ISBN: 9780198702375
  • Release Date: 2014
  • Number of pages: 318
  • Author: Christian Walter
  • Publisher: Oxford University Press, USA



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 (Armenia), 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.

The Creation of States in International Law

  • Filename: the-creation-of-states-in-international-law.
  • ISBN: 9780198260028
  • Release Date: 2006
  • Number of pages: 870
  • Author: James Crawford
  • Publisher: Oxford University Press



As much as was ever the case in 1979 when the first edition of The Creation of States in International Law published, in the 21st century problems of territorial status and statehood are likely to continue to be a focal point of international disputes. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the EuropeanUnion, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine,and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition as it has developed since the eighteenth century. The criteria for statehood and the effect on those criteria of evolving standards of democracy and human rights; their application in international organizations and between States; the creation of States by devolution or recession, by international disposition of major powers or international organizations and through institutions established for Mandated, Trust, and Non-Self-Governing Territories, are also discussed. Apart from the general argument of the normative significance of the legal concept of 'State', and the analysis of the numerous specific cases, this new edition of a landmark book provides a full and up-to-date account of the general development which has led to the birth of so many newStates.

Modern law and self determination

  • Filename: modern-law-and-self-determination.
  • ISBN: 0792323513
  • Release Date: 1993-09-02
  • Number of pages: 347
  • Author: Christian Tomuschat
  • Publisher: Martinus Nijhoff Publishers



"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

Self determination in International Law

  • Filename: self-determination-in-international-law.
  • ISBN: 9041111549
  • Release Date: 2000-03-04
  • Number of pages: 512
  • Author: Anne F. Bayefsky
  • Publisher: Martinus Nijhoff Publishers



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?

The Right to Self determination Under International Law

  • Filename: the-right-to-self-determination-under-international-law.
  • ISBN: 9780415668187
  • Release Date: 2013
  • Number of pages: 206
  • Author: Milena Sterio
  • Publisher: Routledge



This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.

The Politics of Self determination

  • Filename: the-politics-of-self-determination.
  • ISBN: 9780415520645
  • Release Date: 2012
  • Number of pages: 193
  • Author: Kristina Roepstorff
  • Publisher: Routledge



Since the formation of the UN in 1945 the international community has witnessed a number of violent self-determination conflicts such as the disintegration of Yugoslavia, Chechnya, Kashmir, and South Sudan that have been a major cause of humanitarian crises and destruction. This book examines the scope and applicability of political self-determination beyond the decolonisation process. Explaining the historical evolution of self-determination, this book provides a theoretical examination of the concept and background. Taking an interdisciplinary approach, the author analyses self-determination in relation to contemporary conflicts, which inform and drive a coherent theoretical framework for international responses to claims for self-determination. Built upon an examination of the conceptual foundations of self-determination, this book presents a new understanding and application of self-determination. It addresses the important question of whether self-determination claims legitimate armed violence, either by the self-determining group’s right to rebel, or by the international community in the form of humanitarian intervention. The Politics of Self-Determinationwill be of interest to students and scholars of political science, international relations, security studies and conflict studies.

Threatened Island Nations

  • Filename: threatened-island-nations.
  • ISBN: 9781107025769
  • Release Date: 2013-01-21
  • Number of pages: 639
  • Author: Michael B. Gerrard
  • Publisher: Cambridge University Press



Addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.

International Law

  • Filename: international-law.
  • ISBN: 0199282706
  • Release Date: 2006
  • Number of pages: 833
  • Author: Malcolm David Evans
  • Publisher: Oxford University Press, USA



The second edition of International Law reflects the breadth and diversity of contemporary public international law. It offers a unique selection of original presentations and commentaries from key figures actively involved in the current practice and teaching of the discipline. These authoritiative and stimulating perspectives on the subject provide up-to-date analysis of key issues and themes. Revised and updated, this second edition takes into account developments in international law since the publication of the first edtion in 2003. It has proven to be an invaluable resource for undergraduates and post graduates following courses in a variety of subject areas including international law, politics, or international relations as part of their degree programme, while also providing a key source of reference for practitioners and academics alike.

DMCA - Contact