Modern Law And Self Determination
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| Author | : Christian Tomuschat |
| Publisher | : BRILL |
| Total Pages | : 359 |
| Release | : 2023-08-21 |
| Genre | : Law |
| ISBN | : 9004635106 |
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.
| Author | : Christian Tomuschat |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 368 |
| Release | : 1993-09-02 |
| Genre | : Law |
| ISBN | : 9780792323518 |
"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.
| Author | : Joshua Castellino |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 318 |
| Release | : 2000-09-14 |
| Genre | : Law |
| ISBN | : 9789041114099 |
| 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.
| 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.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : Gidon Gottlieb |
| Publisher | : Council on Foreign Relations |
| Total Pages | : 174 |
| Release | : 1993 |
| Genre | : Political Science |
| ISBN | : 9780876091562 |
The dominant norms of international law and diplomacy are ill adapted to coping with the kind of strife that has erupted in Yugoslavia and in the Caucasus and that could become common elsewhere in Eurasia. This book develops innovative approaches for contending with brutal conflicts waged in the name of nationhood.
| 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.
| 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.
| 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
