Self-Determination and Humanitarian Secession in International Law of a Globalized World

Self-Determination and Humanitarian Secession in International Law of a Globalized World

Author: Juan Francisco Escudero Espinosa

Publisher: Springer

Published: 2018-03-24

Total Pages: 221

ISBN-13: 3319726226

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This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.


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.


Secession

Secession

Author: Marcelo G. Kohen

Publisher: Cambridge University Press

Published: 2006-03-21

Total Pages: 560

ISBN-13: 9780521849289

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This book is a comprehensive study of secession from an international law perspective.


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.


The Thin Justice of International Law

The Thin Justice of International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 497

ISBN-13: 0198704046

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Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.


Statehood and Self-Determination

Statehood and Self-Determination

Author: Duncan French

Publisher: Cambridge University Press

Published: 2013-02-21

Total Pages: 585

ISBN-13: 1107029333

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This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.


International Law in Domestic Courts

International Law in Domestic Courts

Author: André Nollkaemper

Publisher:

Published: 2018

Total Pages: 769

ISBN-13: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.


The Creation of States in International Law

The Creation of States in International Law

Author: James Crawford

Publisher: Oxford University Press

Published: 2006

Total Pages: 943

ISBN-13: 0198260024

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Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.