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The Right To Self Determination Under International Law

Author: Milena Sterio
Publisher: Routledge
ISBN: 0415668182
Size: 12.89 MB
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This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.

Self Determination And Secession In International Law

Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006920
Size: 64.39 MB
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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.

Secession In International Law

Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Size: 72.18 MB
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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.

Can Crimea Claim Secession And Accession To Russian Federation In Light Of Kosovo S Independence

Author: Vebi Kosumi
Publisher: AuthorHouse
ISBN: 1546288880
Size: 62.79 MB
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The book examines Crimeas case and its accession to the Russian Federation (RF) in light of the Kosovo independence. It relies on academic sources including journals and archives from the Soviet Union, RF, Ukraine, Former Yugoslavia, Serbia, and Kosovo as well as current media sources in light of the continuing evolution of the Crimean situation.

Historical Title Self Determination And The Kashmir Question

Author: Fozia Nazir Lone
Publisher: Brill's Asian Law
ISBN: 9789004316911
Size: 16.74 MB
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In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community.

Unrecognized States And Secession In The 21st Century

Author: Martin Riegl
Publisher: Springer
ISBN: 3319569139
Size: 58.12 MB
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This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.

The Rise And Fall Of British Naval Mastery

Author: Paul Kennedy
Publisher: Penguin UK
ISBN: 0141983833
Size: 62.57 MB
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Paul Kennedy's classic naval history, now updated with a new introduction by the author This acclaimed book traces Britain's rise and fall as a sea power from the Tudors to the present day. Challenging the traditional view that the British are natural 'sons of the waves', he suggests instead that the country's fortunes as a significant maritime force have always been bound up with its economic growth. In doing so, he contributes significantly to the centuries-long debate between 'continental' and 'maritime' schools of strategy over Britain's policy in times of war. Setting British naval history within a framework of national, international, economic, political and strategic considerations, he offers a fresh approach to one of the central questions in British history. A new introduction extends his analysis into the twenty-first century and reflects on current American and Chinese ambitions for naval mastery. 'Excellent and stimulating' Correlli Barnett 'The first scholar to have set the sweep of British Naval history against the background of economic history' Michael Howard, Sunday Times 'By far the best study that has ever been done on the subject ... a sparkling and apt quotation on practically every page' Daniel A. Baugh, International History Review 'The best single-volume study of Britain and her naval past now available to us' Jon Sumida, Journal of Modern History

Revolt Against Authority

Author: Laura Westra
Publisher: BRILL
ISBN: 9004273832
Size: 50.17 MB
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Democratic countries are increasingly controlled by economic interests rather than by the rule of law. Charting the protesters and social movements "illegality" opposing authority this volume argues that they should be, nevertheless, considered the defenders of law and order. It is these social forces that represent the legitimate self-defense against corporate breaches of human rights condoned by their governments.

Prosecuting Maritime Piracy

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 110708122X
Size: 41.55 MB
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This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.