A History of the Self-Determination of Peoples

A History of the Self-Determination of Peoples
Author: Jörg Fisch
Publisher: Cambridge University Press
Total Pages: 351
Release: 2015-12-09
Genre: History
ISBN: 1107037964

This book examines the conceptual and political history of the right of self-determination of peoples.

Sovereignty in the Exercise of the Right to Self-Determination

Sovereignty in the Exercise of the Right to Self-Determination
Author: Jane A. Hofbauer
Publisher: BRILL
Total Pages: 379
Release: 2016-09-12
Genre: Law
ISBN: 900432870X

Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.

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.

Statehood and the Law of Self-Determination

Statehood and the Law of Self-Determination
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.

The Cambridge Handbook of New Human Rights

The Cambridge Handbook of New Human Rights
Author: Andreas von Arnauld
Publisher: Cambridge University Press
Total Pages: 939
Release: 2020-01-02
Genre: Political Science
ISBN: 1108751172

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Self-Determination of Peoples

Self-Determination of Peoples
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.

The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
Total Pages: 1047
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.

Russia and the Right to Self-Determination in the Post-Soviet Space

Russia and the Right to Self-Determination in the Post-Soviet Space
Author: Johannes Socher
Publisher: Oxford University Press
Total Pages: 289
Release: 2021-06-17
Genre: Law
ISBN: 0192651722

The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.