Resolving Claims To Self Determination

Author : Andrew Coleman
Publisher : Routledge
ISBN 13 : 1135115915
Total Pages : 419 pages
Book Rating : 4.13/5 ( download)

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Download or read book Resolving Claims to Self-Determination written by Andrew Coleman and published by Routledge. This book was released on 2014-01-03 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 904742834X
Total Pages : 224 pages
Book Rating : 4.43/5 ( download)

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Download or read book Escaping the Self-Determination Trap written by Marc Weller and published by BRILL. This book was released on 2009-05-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jens David Ohlin
Publisher : Cambridge University Press
ISBN 13 : 1108861326
Total Pages : 233 pages
Book Rating : 4.28/5 ( download)

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Download or read book Election Interference written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2020-07-16 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.

Author : Christian Tomuschat
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792323518
Total Pages : 368 pages
Book Rating : 4.13/5 ( download)

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Download or read book Modern law and self-determination written by Christian Tomuschat and published by Martinus Nijhoff Publishers. This book was released on 1993-09-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Jörg Fisch
Publisher : Cambridge University Press
ISBN 13 : 1107037964
Total Pages : 351 pages
Book Rating : 4.60/5 ( download)

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Download or read book A History of the Self-Determination of Peoples written by Jörg Fisch and published by Cambridge University Press. This book was released on 2015-12-09 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptual and political history of the right of self-determination of peoples.

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 : Jamie Trinidad
Publisher : Cambridge University Press
ISBN 13 : 110841818X
Total Pages : 297 pages
Book Rating : 4.88/5 ( download)

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Download or read book Self-Determination in Disputed Colonial Territories written by Jamie Trinidad and published by Cambridge University Press. This book was released on 2018-02-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.

Author : Natalija Shikova
Publisher :
ISBN 13 : 9783031343247
Total Pages : 0 pages
Book Rating : 4.47/5 ( download)

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Download or read book Self-Determination and Secession written by Natalija Shikova and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas - as to whether there is a link between self-determination and secession - are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture - whether majority, minority or indigenous - to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.

Author : Christian Walter
Publisher : OUP Oxford
ISBN 13 : 0191006912
Total Pages : 337 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 337 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 : David Raic
Publisher : BRILL
ISBN 13 : 904740338X
Total Pages : 515 pages
Book Rating : 4.88/5 ( download)

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Download or read book Statehood and the Law of Self-Determination written by David Raic and published by BRILL. This book was released on 2002-09-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.