The Theory of Self-Determination

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.

Self-Determination and Secession in International Law

Self-Determination and Secession in International Law
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.

Secession in International Law

Secession in International Law
Author: Milena Sterio
Publisher: Edward Elgar Publishing
Total Pages: 239
Release: 2018-08-31
Genre: Law
ISBN: 1785361228

Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.

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.

The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
Total Pages: 1074
Release: 2020-10-08
Genre: Law
ISBN: 1108662307

The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

Europe and the Recognition of New States in Yugoslavia

Europe and the Recognition of New States in Yugoslavia
Author: Richard Caplan
Publisher: Cambridge University Press
Total Pages: 241
Release: 2005-09-01
Genre: Political Science
ISBN: 1139445510

Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.

Statehood and Self-Determination

Statehood and Self-Determination
Author: Duncan French
Publisher: Cambridge University Press
Total Pages: 585
Release: 2013-02-21
Genre: Law
ISBN: 1107029333

This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

Unrecognized Entities

Unrecognized Entities
Author:
Publisher: BRILL
Total Pages: 288
Release: 2021-12-28
Genre: Law
ISBN: 9004499105

The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

International Law as a Belief System

International Law as a Belief System
Author: Jean d'Aspremont
Publisher: Cambridge University Press
Total Pages: 179
Release: 2018
Genre: Law
ISBN: 1108421873

Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?