International Law and Self-Determination
| Author | : Joshua Castellino |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 318 |
| Release | : 2000-09-14 |
| Genre | : Law |
| ISBN | : 9789041114099 |
TABLE OF UN DOCUMENTS.
International Law And Self Determination
Download International Law And Self Determination full books in PDF, epub, and Kindle. Read online free International Law And Self Determination ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Internal Self-Determination in International Law
| Author | : Kalana Senaratne |
| Publisher | : Cambridge University Press |
| Total Pages | : 293 |
| Release | : 2021-08-05 |
| Genre | : Law |
| ISBN | : 1108625681 |
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.
Statehood and the Law of Self-Determination
| Author | : David Raic |
| Publisher | : BRILL |
| Total Pages | : 515 |
| Release | : 2002-09-01 |
| Genre | : Law |
| ISBN | : 904740338X |
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.
Diversity and Self-Determination in International Law
| Author | : Karen Knop |
| Publisher | : Cambridge University Press |
| Total Pages | : 460 |
| Release | : 2002-04-18 |
| Genre | : Political Science |
| ISBN | : 1139431927 |
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
The Theory of Self-Determination
| Author | : Fernando R. Tesón |
| Publisher | : Cambridge University Press |
| Total Pages | : 259 |
| Release | : 2016-04-06 |
| Genre | : Law |
| ISBN | : 1107119138 |
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Justice, Legitimacy, and Self-Determination
| Author | : Allen Buchanan |
| Publisher | : OUP Oxford |
| Total Pages | : 528 |
| Release | : 2003-08-21 |
| Genre | : Political Science |
| ISBN | : 0191522465 |
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Self-Determination, International Law and Post-Conflict Reconstruction
| Author | : Manuela Melandri |
| Publisher | : Routledge |
| Total Pages | : 258 |
| Release | : 2018-10-03 |
| Genre | : Law |
| ISBN | : 0429880987 |
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.
Self-Determination of Peoples
| Author | : Antonio Cassese |
| Publisher | : Cambridge University Press |
| Total Pages | : 398 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : 9780521637527 |
The definitive study of the doctrine of self-determination of peoples.
The Right to Self-determination Under International Law
| Author | : Milena Sterio |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0415668182 |
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Self-Determination and Humanitarian Secession in International Law of a Globalized World
| Author | : Juan Francisco Escudero Espinosa |
| Publisher | : Springer |
| Total Pages | : 221 |
| Release | : 2018-03-24 |
| Genre | : Law |
| ISBN | : 3319726226 |
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
