Secession of (a) Part(s) of a Territory of a Member State and how to Address it in EU Law
Author: Richard E. Brant
Publisher:
Published: 2020
Total Pages:
ISBN-13:
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Qualified Autonomy and Federalism versus Secession in EU Member States
Author: Annegret Eppler
Publisher: StudienVerlag
Published: 2021-12-08
Total Pages: 348
ISBN-13: 3706562154
DOWNLOAD EBOOKThis volume deals with current secessionist movements in states that are or were members of the European Union (EU). It compares the cases of Scotland, Catalonia, and Flanders, which are anchored in three different political systems. However, all three sub-state regions analysed are or were part of the EU multi-level system, and as such, they are subject to the influence of Europeanization. Their secession efforts are influenced by the European framework – including their own EU membership after a possible secession. The three regions, therefore, have different motivations and probabilities for actual secessions. All case studies in this volume are introduced and outlined with theoretical chapters and examined using consistent guiding questions to ensure comparability between the three cases. The analyses are framed by chapters describing other examples of secession processes past and present, and by texts that ask whether federalism or other solutions (so-called 'third ways') could offer a path beyond secession.
Secession from a Member State and Withdrawal from the European Union
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2017-09-07
Total Pages: 325
ISBN-13: 1316780996
DOWNLOAD EBOOKThis is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.
Secession and European Union Law
Author: N?ria Gonz?lez Campa??
Publisher: Oxford University Press
Published: 2024-05-23
Total Pages: 420
ISBN-13: 0198882610
DOWNLOAD EBOOKSecession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.
Secession from a Member State and Withdrawal from the European Union
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2017-09-07
Total Pages: 325
ISBN-13: 1107172195
DOWNLOAD EBOOKThe first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Self-determination and Secession in International Law
Author: Christian Walter
Publisher:
Published: 2014
Total Pages: 337
ISBN-13: 019870237X
DOWNLOAD EBOOKPeoples 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 (Armenia), 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.
States Falling Apart?
Author: Eva Maria Belser
Publisher: Stämpfli Verlag
Published: 2015-08-24
Total Pages: 412
ISBN-13: 3727259132
DOWNLOAD EBOOKAn increasing number of European countries are being faced with demands for greater autonomy or independence from regional groups. The legitimacy of nation states in Europe is thus being called into question not only by the forces of globalization and Europeanization from above, but also by growing pressure to recognize the autonomous or independent status of regional groups from below. From Scotland to Catalonia, from Flanders to South Tyrol, the movements vary in their intensity and demands, yet also have many commonalities. This book constitutes a compilation of papers presented at the international Conference "States Falling Apart? Secessionist and Autonomy Movements in Europe" at the University of Fribourg in 2013 and is a timely addition to the literature on secession, autonomy and federalism. With theoretical contributions and case studies, it presents a wide range of opinions and facts on these issues.
Secession Within the Union Intersection Points of International and European Law
Author: Catherine M. Brölmann
Publisher:
Published: 2016
Total Pages: 74
ISBN-13:
DOWNLOAD EBOOKWith the referenda on possible Scottish and Catalan independence and the electoral successes of the Flemish pro-independence movement, secession of part of a EU Member State has become a real possibility that cannot be ignored any longer. The driving forces behind the referenda seek independence but they do not seek withdrawal from the Union. This is a scenario without precedent. An exploration of its legal and political aspects is therefore a timely matter. In this collection of think pieces a number of experts from both public international law and European Union law present their thoughts on key aspects of Secession within the Union.
Secession and State Creation
Author: James Ker-Lindsay
Publisher: Oxford University Press
Published: 2022
Total Pages: 201
ISBN-13: 0190494050
DOWNLOAD EBOOKWhat makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.
Secession
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
Published: 2012-10-04
Total Pages: 548
ISBN-13: 9781107407824
DOWNLOAD EBOOKThe end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This 2006 book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.
