Modern law and self-determination
Title | Modern law and self-determination PDF eBook |
Author | Christian Tomuschat |
Publisher | Martinus Nijhoff Publishers |
Pages | 368 |
Release | 1993-09-02 |
Genre | Law |
ISBN | 9780792323518 |
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Statehood and the Law of Self-Determination
Title | Statehood and the Law of Self-Determination PDF eBook |
Author | David Raic |
Publisher | BRILL |
Pages | 515 |
Release | 2002-09-01 |
Genre | Law |
ISBN | 904740338X |
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
A History of the Self-Determination of Peoples
Title | A History of the Self-Determination of Peoples PDF eBook |
Author | Jörg Fisch |
Publisher | Cambridge University Press |
Pages | 351 |
Release | 2015-12-09 |
Genre | History |
ISBN | 1107037964 |
This book examines the conceptual and political history of the right of self-determination of peoples.
The Theory of Self-Determination
Title | The Theory of Self-Determination PDF eBook |
Author | Fernando R. Tesón |
Publisher | Cambridge University Press |
Pages | 259 |
Release | 2016-04-06 |
Genre | Law |
ISBN | 1107119138 |
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Modern Law of Self-Determination
Title | Modern Law of Self-Determination PDF eBook |
Author | Christian Tomuschat |
Publisher | BRILL |
Pages | 359 |
Release | 2023-08-21 |
Genre | Law |
ISBN | 9004635106 |
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
The Right to Self-determination
Title | The Right to Self-determination PDF eBook |
Author | Aureliu Cristescu |
Publisher | New York : United Nations |
Pages | 142 |
Release | 1981 |
Genre | Political Science |
ISBN |
International Law and Self-Determination
Title | International Law and Self-Determination PDF eBook |
Author | Joshua Castellino |
Publisher | BRILL |
Pages | 310 |
Release | 2021-07-26 |
Genre | Law |
ISBN | 9004480897 |
The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.