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| Author | : Andrew Coleman |
| Publisher | : Routledge |
| Total Pages | : 419 |
| Release | : 2014-01-03 |
| Genre | : Law |
| ISBN | : 1135115915 |
Download Resolving Claims to Self-Determination Book in PDF, ePub and Kindle
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
| Author | : Marc Weller |
| Publisher | : BRILL |
| Total Pages | : 224 |
| Release | : 2009-05-31 |
| Genre | : Law |
| ISBN | : 904742834X |
Download Escaping the Self-Determination Trap Book in PDF, ePub and Kindle
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
| Author | : Andrew G. Dulaney |
| Publisher | : |
| Total Pages | : 148 |
| Release | : 1993 |
| Genre | : Self-determination, National |
| ISBN | : |
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| Author | : Lorie Graham |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
Download Resolving Indigenous Claims to Self-Determination Book in PDF, ePub and Kindle
The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights. This right has gradually achieved firm recognition in international law. At present, however, there is no forum or process available for resolving indigenous claims to self-determination. Indeed, none of the United Nation instruments that reference the right to self-determination, such as the International Covenant on Civil and Political Rights, offer specific relief for violations of this right. Moreover, there are no definitive definitions regarding the contours of this right that could help guide the resolution of such claims. Thus, the focus of this paper is twofold: to analyze some of the more difficult issues that a dispute resolution mechanism might face in addressing indigenous claims to self-determination and to articulate an optimal process or forum for resolving such claims.
| Author | : Christian Tomuschat |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 368 |
| Release | : 1993-09-02 |
| Genre | : Law |
| ISBN | : 9780792323518 |
Download Modern law and self-determination Book in PDF, ePub and Kindle
"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 | : Kristina Roepstorff |
| Publisher | : Routledge |
| Total Pages | : 209 |
| Release | : 2013 |
| Genre | : Political Science |
| ISBN | : 0415520649 |
Download The Politics of Self-determination Book in PDF, ePub and Kindle
There have been an increasing number of self-determination conflicts where sub-state groups challenge existing state authority. This book explains how self-determination can exercised beyond the decolonisation process and demonstrates that rather than a threat to international peace and stability, it has strong potential as a tool for conflict prevention and resolution.
| Author | : Donald Clark |
| Publisher | : Springer |
| Total Pages | : 466 |
| Release | : 2016-07-27 |
| Genre | : Political Science |
| ISBN | : 1349249181 |
Download Self-Determination Book in PDF, ePub and Kindle
This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.
| Author | : Milena Sterio |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0415668182 |
Download The Right to Self-determination Under International Law Book in PDF, ePub and Kindle
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
| Author | : Christian Walter |
| Publisher | : OUP Oxford |
| Total Pages | : 337 |
| Release | : 2014-06-05 |
| Genre | : Law |
| ISBN | : 0191006912 |
Download Self-Determination and Secession in International Law Book in PDF, ePub and Kindle
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 | : Hurst Hannum |
| Publisher | : Lexington Books |
| Total Pages | : 180 |
| Release | : 2006 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9780739114339 |
Download Negotiating Self-determination Book in PDF, ePub and Kindle
Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.
