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.

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.

The Hijaz

  • Filename: the-hijaz.
  • ISBN: 1909942928
  • Release Date: 2016-11-15
  • Number of pages: 420
  • Author: Malik R. Dhalan
  • Publisher:

The western territory of the Arabian Peninsula, the Hijaz is home to the two holy cities of Makkah and Medina and hosts millions of Muslim pilgrims annually. This book explores the legal history of the Hijaz, which has hitherto remained relatively hidden but which provides fascinating insights on the creation, failure, and afterlife of states. Malik R. Dhalan focuses on the Hijaz as a region with a significant history of Arab self-determination. Tracing the origins of Islamic statehood back a thousand years, he shows how the Hijaz offers a model of the ideal state of Islam. Then, looking at Arab Revolt of 1916 and the short life of the Kingdom of Hijaz, he examines the ways in which autonomy and international participation intertwine to create modern states, exploring the tensions between these two forces as they can be seen in the modern Middle East, especially in countries such as Syria, Iraq, and Saudi Arabia. Reflecting on the current ills of the region and the very real danger of regional collapse--as well as the dangers of maintaining the status quo--Dhalan ultimately makes a compelling case for the Hijaz as an integrative solution for some of the Middle East's territorial conflicts.

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

Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

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.

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.

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.

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.

Self Determination of Peoples

  • Filename: self-determination-of-peoples.
  • ISBN: 052163752X
  • Release Date: 1995
  • Number of pages: 396
  • Author: Antonio Cassese
  • Publisher: Cambridge University Press

The self-determination of peoples is a major issue in the world community: both radical and subversive, it serves to grant statehood to oppressed peoples, but also to disrupt existing State structures. This book, the first comprehensive legal account, sets out to trace how this political ideal has turned into an international legal standard. Scrutinising State practice through national digests and UN proceedings the author pinpoints the limits within which this political postulate has gained a foothold in the body of international law and assesses the extent to which it has had an impact on existing legal norms. This is primarily a legal inquiry which, however, looks at law within its historical and political context and, given its judicial underpinning, makes an important contribution to the study of the interplay of law, history, and politics in international relations.

International Law

  • Filename: international-law.
  • ISBN: 9780199654673
  • Release Date: 2014
  • Number of pages: 873
  • Author: Malcolm D. Evans
  • Publisher: Oxford University Press, USA

Evans' International Law provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field. The fourth edition succeeds both in explaining the principles of international law and exposing the debates and challenges that underlie it. Now fully revised and updated, it continues to provide an authoritative and stimulating overview of this increasingly important subject; revealing international law in its full diversity. International Law is also accompanied by an Online Resource Centre, featuring the personal views and recollections of eminent international law practitioners.

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