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

Published: 2016-09-12

Total Pages: 379

ISBN-13: 900432870X

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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.


Self-Determination of Peoples

Self-Determination of Peoples

Author: Antonio Cassese

Publisher: Cambridge University Press

Published: 1995

Total Pages: 398

ISBN-13: 9780521637527

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The definitive study of the doctrine of self-determination of peoples.


The Self-determination of Peoples

The Self-determination of Peoples

Author: Wolfgang F. Danspeckgruber

Publisher: Lynne Rienner Publishers

Published: 2002

Total Pages: 490

ISBN-13: 9781555877934

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Focusing especially on the era since the Cold War, political scientists, other scholars, and government officials examine both empirically and conceptually the causes and impacts of people striving for self-determination and autonomy. They consider the legal, political-administrative, ethnic-cultural, economic, and strategic dimensions; and try to consider examples from all major regions. Annotation c. Book News, Inc., Portland, OR (booknews.com)


Secession in International Law

Secession in International Law

Author: Milena Sterio

Publisher: Edward Elgar Publishing

Published: 2018-08-31

Total Pages: 239

ISBN-13: 1785361228

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Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.


Militant Democracy

Militant Democracy

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2004

Total Pages: 271

ISBN-13: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.


The Theory of Self-Determination

The Theory of Self-Determination

Author: Fernando R. Tesón

Publisher: Cambridge University Press

Published: 2016-04-06

Total Pages: 259

ISBN-13: 1107119138

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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.


American Indians and the Trouble with Sovereignty

American Indians and the Trouble with Sovereignty

Author: Kouslaa T. Kessler-Mata

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 153

ISBN-13: 1108415865

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Kessler-Mata argues for a constitutive theory of tribal sovereignty based on the interconnected relationships between tribes and non-federal governments.


On Sovereignty and Other Political Delusions

On Sovereignty and Other Political Delusions

Author: Joan Cocks

Publisher: Bloomsbury Publishing

Published: 2014-10-23

Total Pages: 199

ISBN-13: 178093355X

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This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Winner of the 2015 David Easton Prize, awarded by the American Political Science Association (APSA) Global forces are eroding the ability of states to exert sovereign control over their populations, territories, and borders. Yet when dominated subjects across the world dream of freedom, they continue to conceive of it in sovereign terms. Sovereign freedom haunts the imagination of oppressed ethnic minorities, popular masses ruled by foreign powers or homegrown tyrants, indigenous peoples, and individuals chafing under customary or governmental restrictions. On Sovereignty and Other Political Delusions draws on political theory and on two case studies – the encounter between Anglo-American settlers and Native American tribes, and the search for Jewish sovereignty in Palestine – to probe the allure of the idea of sovereign freedom and its self-defeating logic. It concludes by shifting its sights from political to economic sovereign power and by pursuing intimations of non-sovereign freedom in the contemporary age.