Diversity And Self Determination In International Law

Author : Karen Knop
Publisher : Cambridge University Press
ISBN 13 : 1139431927
Total Pages : 460 pages
Book Rating : 4.27/5 ( download)

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Download or read book Diversity and Self-Determination in International Law written by Karen Knop and published by Cambridge University Press. This book was released on 2002-04-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

Author : Christian Walter
Publisher : OUP Oxford
ISBN 13 : 0191006912
Total Pages : 340 pages
Book Rating : 4.13/5 ( download)

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Download or read book Self-Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : U. O. Umozurike
Publisher : [Hamden, Conn.] : Archon Books
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.82/5 ( download)

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Download or read book Self-determination in International Law written by U. O. Umozurike and published by [Hamden, Conn.] : Archon Books. This book was released on 1972 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Antonio Cassese
Publisher : Cambridge University Press
ISBN 13 : 9780521637527
Total Pages : 398 pages
Book Rating : 4.2X/5 ( download)

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Download or read book Self-Determination of Peoples written by Antonio Cassese and published by Cambridge University Press. This book was released on 1995 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive study of the doctrine of self-determination of peoples.

Author : Alexandra Xanthaki
Publisher : Cambridge University Press
ISBN 13 : 1139461737
Total Pages : 21 pages
Book Rating : 4.33/5 ( download)

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Download or read book Indigenous Rights and United Nations Standards written by Alexandra Xanthaki and published by Cambridge University Press. This book was released on 2007-05-17 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

Author : Fernando R. Tesón
Publisher : Cambridge University Press
ISBN 13 : 1107119138
Total Pages : 259 pages
Book Rating : 4.30/5 ( download)

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Download or read book The Theory of Self-Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

Author : Robert McCorquodale
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.45/5 ( download)

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Download or read book Self-determination in International Law written by Robert McCorquodale and published by Ashgate Publishing. This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.

Author : Diana Kuring
Publisher : epubli GmbH
ISBN 13 : 9783737509411
Total Pages : 72 pages
Book Rating : 4.17/5 ( download)

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Download or read book DIVERSITY, CULTURE AND INTERNATIONAL LAW written by Diana Kuring and published by epubli GmbH. This book was released on 2014-10-10 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Female genital mutilation is indeed a complex phenomenon whose multiple dimensions influence international law engagement at the level of the United Nations.

Author : Joshua Castellino
Publisher :
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.11/5 ( download)

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Download or read book International Law and Self-determination written by Joshua Castellino and published by . This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Milena Sterio
Publisher : Routledge
ISBN 13 : 0415668182
Total Pages : 226 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Right to Self-determination Under International Law written by Milena Sterio and published by Routledge. This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.