Self Determination Territorial Integrity And The Boundaries Of Uti Possidetis
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Author | : Suzanne N. Lalonde |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 360 |
Release | : 2002-12-06 |
Genre | : Political Science |
ISBN | : 0773570497 |
She argues that nothing justifies conferring such a binding status on the principle and that the uti possidetis applied in Yugoslavia was an entirely new version that can derive no legitimacy from colonial precedents. While the doctrine may have considerable utility in some cases, it is only principle among many that must be considered if future disputes are to be resolved so as to promote long term peace and stability. Lalonde sounds a cautionary note, showing that the idea that uti possidetis provides a one-size-fits-all, legally incontestable solution to all territorial disputes is an illusion.
Author | : Tal Becker |
Publisher | : |
Total Pages | : 135 |
Release | : 1999 |
Genre | : |
ISBN | : |
Author | : Helen Ghebrewebet |
Publisher | : Peter Lang Publishing |
Total Pages | : 193 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780820498812 |
In modern International Law there is a tension between territorial integrity on the one hand and the right of peoples to self-determination on the other. This study focuses on the territorial integrity of post-colonial states and the national right of self-determination. It also identifies the resulting conflicts and boundary disputes and makes suggestions on how to solve them, taking into consideration recent state practice, as for instance the former Yugoslavia, the former USSR and the former Czechoslovakia, as well as the latest developments in human rights law.
Author | : Joshua Castellino |
Publisher | : BRILL |
Total Pages | : 310 |
Release | : 2021-07-26 |
Genre | : Law |
ISBN | : 9004480897 |
The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.
Author | : Märta C. Johanson |
Publisher | : Harwood Academic Publishers |
Total Pages | : 346 |
Release | : 2004 |
Genre | : Law |
ISBN | : |
Author | : Abdelhamid El Ouali |
Publisher | : Springer Science & Business Media |
Total Pages | : 407 |
Release | : 2012-03-26 |
Genre | : Law |
ISBN | : 3642228690 |
This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Author | : Dirdeiry M. Ahmed |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2015-12-11 |
Genre | : History |
ISBN | : 1107117984 |
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author | : Patricia Carley |
Publisher | : |
Total Pages | : 32 |
Release | : 1996 |
Genre | : Boundary disputes |
ISBN | : |
Author | : Christian Walter |
Publisher | : OUP Oxford |
Total Pages | : 337 |
Release | : 2014-06-05 |
Genre | : Law |
ISBN | : 0191006912 |
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 (Azerbaijan), 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.
Author | : Jamie Trinidad |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2018-02-15 |
Genre | : Law |
ISBN | : 110841818X |
Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.