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.


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.


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.


A Liberal Theory of Property

A Liberal Theory of Property

Author: Hanoch Dagan

Publisher: Cambridge University Press

Published: 2021-04-15

Total Pages: 343

ISBN-13: 1108418546

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Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.


Settling Self-Determination Disputes

Settling Self-Determination Disputes

Author: Marc Weller

Publisher: BRILL

Published: 2008

Total Pages: 813

ISBN-13: 9004164820

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The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.


Diversity and Self-Determination in International Law

Diversity and Self-Determination in International Law

Author: Karen Knop

Publisher: Cambridge University Press

Published: 2002-04-18

Total Pages: 460

ISBN-13: 1139431927

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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.


Research Handbook on Private Law Theory

Research Handbook on Private Law Theory

Author: Hanoch Dagan

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 520

ISBN-13: 1788971620

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This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.