Secession and State Creation

Secession and State Creation
Author: James Ker-Lindsay
Publisher: Oxford University Press
Total Pages: 201
Release: 2022
Genre: Political Science
ISBN: 0190494050

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.

Seceding from Secession

Seceding from Secession
Author: Eric J. Wittenberg
Publisher: Savas Beatie
Total Pages: 290
Release: 2020-06-09
Genre: History
ISBN: 1611215072

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.

Creating New States

Creating New States
Author: Aleksandar Pavkovic
Publisher: Routledge
Total Pages: 290
Release: 2016-05-13
Genre: Political Science
ISBN: 1317158474

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.

The Creation of States in International Law

The Creation of States in International Law
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 943
Release: 2006
Genre: Law
ISBN: 0198260024

Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. 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 European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. 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; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Secession

Secession
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
Total Pages: 560
Release: 2006-03-21
Genre: Law
ISBN: 9780521849289

This book is a comprehensive study of secession from an international law perspective.

Age of Secession

Age of Secession
Author: Ryan D. Griffiths
Publisher: Cambridge University Press
Total Pages: 283
Release: 2016-10-27
Genre: Political Science
ISBN: 1107161622

A novel analysis of secessionist movements, explaining state response, the likelihood of conflict, and the proliferation of states since 1945.

War and Secession

War and Secession
Author: Richard Sisson
Publisher: Univ of California Press
Total Pages: 355
Release: 2023-04-28
Genre: History
ISBN: 0520912039

A decade after the 1971 wars in South Asia, the principal decisionmakers were still uncertain why wars so clearly unwanted had occurred. The authors reconstruct the complex decisionmaking process attending the break-up of Pakistan and the subsequent war between India and Pakistan. Much of their data derive from interviews conducted with principal players in each of the countries immediately involved-Pakistan, India, and Bangladesh-including Indira Gandhi and leaders of the Awami League in Bangladesh. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990. A decade after the 1971 wars in South Asia, the principal decisionmakers were still uncertain why wars so clearly unwanted had occurred. The authors reconstruct the complex decisionmaking process attending the break-up of Pakistan and the subsequent war b

International Law in Domestic Courts

International Law in Domestic Courts
Author: André Nollkaemper
Publisher:
Total Pages: 769
Release: 2018
Genre: Law
ISBN: 0198739745

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.

Power Politics and State Formation in the Twentieth Century

Power Politics and State Formation in the Twentieth Century
Author: Bridget Coggins
Publisher: Cambridge University Press
Total Pages: 281
Release: 2014-04-24
Genre: History
ISBN: 1107047358

From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

At the Precipice

At the Precipice
Author: Shearer Davis Bowman
Publisher: Univ of North Carolina Press
Total Pages: 390
Release: 2010-10-04
Genre: History
ISBN: 0807895679

Why did eleven slave states secede from the Union in 1860-61? Why did the eighteen free states loyal to the Union deny the legitimacy of secession, and take concrete steps after Fort Sumter to subdue what President Abraham Lincoln deemed treasonous rebellion? At the Precipice seeks to answer these and related questions by focusing on the different ways in which Americans, North and South, black and white, understood their interests, rights, and honor during the late antebellum years. Rather than give a narrative account of the crisis, Shearer Davis Bowman takes readers into the minds of the leading actors, examining the lives and thoughts of such key figures as Abraham Lincoln, James Buchanan, Jefferson Davis, John Tyler, and Martin Van Buren. Bowman also provides an especially vivid glimpse into what less famous men and women in both sections thought about themselves and the political, social, and cultural worlds in which they lived, and how their thoughts informed their actions in the secession period. Intriguingly, secessionists and Unionists alike glorified the Declaration of Independence and the Constitution of the United States, yet they interpreted those sacred documents in markedly different ways and held very different notions of what constituted "American" values.