Self Determination After Kosovo
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Author | : Annemarie Peen Rodt |
Publisher | : Routledge |
Total Pages | : 240 |
Release | : 2017-10-02 |
Genre | : Political Science |
ISBN | : 1317530217 |
Kosovo embodies a key moment in the international practice of dealing with secessionist self-determination conflicts. For the first time, outside of the colonial context, and excepting Bangladesh in 1971, an entity's declaration of independence has been widely, albeit not universally, recognised. As such, the case of Kosovo has sharpened the focus and intensified the debate on the issue of self-determination conflicts and how they are managed by the international community. This volume contributes to this debate by examining Kosovo in historical and contemporary comparative perspective and by reflecting on the legal, ethical and political implications of its successful declaration of independence. This book was originally published as a special issue of Europe-Asia Studies.
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 | : Annemarie P. Rodt |
Publisher | : |
Total Pages | : 222 |
Release | : 2013 |
Genre | : |
ISBN | : |
Author | : James Summers |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 472 |
Release | : 2011-08-25 |
Genre | : Law |
ISBN | : 9004175997 |
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author | : James Summers |
Publisher | : BRILL |
Total Pages | : 471 |
Release | : 2011-08-25 |
Genre | : Law |
ISBN | : 9047429435 |
Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.
Author | : Spiro Paco |
Publisher | : Independently Published |
Total Pages | : 58 |
Release | : 2019-02 |
Genre | : Law |
ISBN | : 9781795600040 |
The self-proclamation of Kosovo's independence announced on February 17 invites us to some general considerations that may be linked to the specific event. The first is of a general nature. The independence of this country is inevitably linked to the principle of self-determination, universally recognized in numerous sources of international law, the Charter and in various UN documents. In concrete political history of the United Nations, this principle was explicitly linked to the right of the peoples of the third world countries to free themselves from colonial rule (or the so-called "UN trust") of European countries. In this context, the principle of self-determination has been relatively easy to apply, as was evident, external and unjustified, a situation of foreign oppression.
Author | : Heribert Franz Köck |
Publisher | : |
Total Pages | : 292 |
Release | : 2009 |
Genre | : Kosovo (Republic) |
ISBN | : |
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 | : Stefan Wolff |
Publisher | : |
Total Pages | : 222 |
Release | : 2013 |
Genre | : |
ISBN | : |
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.