Towards an Independent Kurdistan: Self-Determination in International Law
Towards an Independent Kurdistan: Self-Determination in International Law

Author: Loqman Radpey

Publisher: Taylor & Francis

Published: 2023-12-05

Total Pages: 324

ISBN-13: 100382238X

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Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish selfdetermination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.

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.

International Law in the Middle East
International Law in the Middle East

Author: Jean Allain

Publisher: Routledge

Published: 2017-10-24

Total Pages: 656

ISBN-13: 1351926772

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Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

Mapping Kurdistan
Mapping Kurdistan

Author: Zeynep N. Kaya

Publisher: Cambridge University Press

Published: 2020-06-25

Total Pages: 243

ISBN-13: 1108601685

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Since the early twentieth-century, Kurds have challenged the borders and national identities of the states they inhabit. Nowhere is this more evident than in their promotion of the 'Map of Greater Kurdistan', an ideal of a unified Kurdish homeland in an ethnically and geographically complex region. This powerful image is embedded in the consciousness of the Kurdish people, both within the region and, perhaps even more strongly, in the diaspora. Addressing the lack of rigorous research and analysis of Kurdish politics from an international perspective, Zeynep Kaya focuses on self-determination, territorial identity and international norms to suggest how these imaginations of homelands have been socially, politically and historically constructed (much like the state territories the Kurds inhabit), as opposed to their perception of being natural, perennial or intrinsic. Adopting a non-political approach to notions of nationhood and territoriality, Mapping Kurdistan is a systematic examination of the international processes that have enabled a wide range of actors to imagine and create the cartographic image of greater Kurdistan that is in use today.

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 UN Friendly Relations Declaration at 50
The UN Friendly Relations Declaration at 50

Author: Jorge E. Viñuales

Publisher: Cambridge University Press

Published: 2020-10-08

Total Pages: 1047

ISBN-13: 1108662307

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The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

Minority Self-Government in Europe and the Middle East
Minority Self-Government in Europe and the Middle East

Author: Olgun Akbulut

Publisher: BRILL

Published: 2019-07-08

Total Pages: 285

ISBN-13: 9004405453

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This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.

Internal Self-Determination in International Law
Internal Self-Determination in International Law

Author: Kalana Senaratne

Publisher: Cambridge University Press

Published: 2021-08-05

Total Pages: 293

ISBN-13: 1108625681

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Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.

The Kurds and US Foreign Policy
The Kurds and US Foreign Policy

Author: Marianna Charountaki

Publisher: Routledge

Published: 2010-10-18

Total Pages: 507

ISBN-13: 1136906916

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This book provides a detailed survey and analysis of US–Kurdish relations and their interaction with domestic, regional and global politics. Using the Kurdish issue to explore the nature of the engagement between international powers and weaker non-state entities, the author analyses the existence of an interactive US relationship with the Kurds of Iraq. Drawing on governmental archives and interviews with political figures both in Northern Iraq and the United States, the author places the case study within a broader International Relations context. The conceptual framework centres on the inter-relations between actors (both state and non-state) and structures of material and ideational kinds, while the detailed survey and analysis of US–Kurdish relations, in their interaction with domestic, regional and global politics, forms the empirical core of the study. Stressing the intertwining of domestic and foreign policy as part of the same set of dynamics, the case study explains the emergence of the interactive and institutionalized US relationship with the Kurds of Iraq that has brought about the formation, within an Iraqi framework, of an undeclared US official Kurdish policy in the post-Saddam era. Filling a gap in the literature on US–Kurdish relations as well as the broader topic of International Relations, this book will be of great interest to those in the areas of International Relations, Middle Eastern and Kurdish Politics.