Secession Within the Union Intersection Points of International and European Law

Secession Within the Union Intersection Points of International and European Law

Author: Catherine M. Brölmann

Publisher:

Published: 2016

Total Pages: 74

ISBN-13:

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With 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.


Unrecognized Entities

Unrecognized Entities

Author:

Publisher: BRILL

Published: 2021-12-28

Total Pages: 288

ISBN-13: 9004499105

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The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.


The Crisis of the European Union

The Crisis of the European Union

Author: Andreas Grimmel

Publisher: Routledge

Published: 2017-07-20

Total Pages: 492

ISBN-13: 131544366X

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The European integration project currently faces profound political, economic, legal, and societal challenges. These challenges seem increasingly to overburden the European Union as well as the cohesion among the Member States, and therefore pose a serious threat to the integration project. The EU faces a major task in coping with this situation and it is one that calls for new approaches and ideas This book addresses the major challenges confronting the EU, analyses the consequences for the integration project, and develops fresh perspectives on the EU’s future prospects for coping with the most debated, current and upcoming issues, such as the rise of Euroscepticism or the contested idea of an ‘ever-closer union’. Renowned experts in European Studies from the fields of political science, law, economics and sociology provide an interdisciplinary perspective on the different dimensions of the EU’s crisis-laden situation and question whether the EU’s existing problem-solving mechanisms and methods are sufficient to address the imminent tasks. This text will be of key interest to scholars and students of EU Politics, European Politics, European Governance, and more broadly European law, history and the wider social sciences.


National Self-determination and Secession

National Self-determination and Secession

Author: Margaret Moore (Ph. D.)

Publisher: Oxford University Press

Published: 1998

Total Pages: 296

ISBN-13: 0198293844

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Recently, numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This study brings together a series of essays on the ethics of secession.


Nationalism and Globalisation

Nationalism and Globalisation

Author: Stephen Tierney

Publisher: Bloomsbury Publishing

Published: 2015-10-08

Total Pages: 293

ISBN-13: 1509902066

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This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective – independent and autonomous statehood – becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.


Self-Determination and Secession in International Law

Self-Determination and Secession in International Law

Author: Christian Walter

Publisher: OUP Oxford

Published: 2014-06-05

Total Pages: 337

ISBN-13: 0191006912

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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.


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.