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.

From Democracy to Statehood

  • Filename: from-democracy-to-statehood.
  • ISBN: 1760020834
  • Release Date: 2016-11-30
  • Number of pages:
  • Author: Michael Mansell
  • Publisher:

Michael Mansell's book makes for compelling reading. It looks at the options for empowering Aboriginal people for the purpose of a final settlement with Australia. It challenges us to consider new and radical avenues for Aboriginal people to gain access to real political power. Both legal and political solutions are considered including:- Constitutional recognition- Designated Senate seats in parliament for Aboriginal people- A treaty and the treaty making process- Aboriginal sovereignty- Self-determination- A new 7th State based on existing Aboriginal-owned or native title lands

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.

Self Determination Statehood and the Law of Negotiation

  • Filename: self-determination-statehood-and-the-law-of-negotiation.
  • ISBN: 9781509902408
  • 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.

Democratic Statehood in International Law

  • Filename: democratic-statehood-in-international-law.
  • ISBN: 9781782250906
  • Release Date: 2013-03-28
  • Number of pages: 302
  • Author: Jure Vidmar
  • Publisher: Bloomsbury Publishing

This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

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.

Resolving Claims to Self Determination

  • Filename: resolving-claims-to-self-determination.
  • ISBN: 9781135115913
  • Release Date: 2014-01-03
  • Number of pages: 376
  • Author: Andrew Coleman
  • Publisher: Routledge

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

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.

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 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.

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