Research Handbook on Secession

Research Handbook on Secession
Title Research Handbook on Secession PDF eBook
Author Jure Vidmar
Publisher Edward Elgar Publishing
Pages 411
Release 2022-12-13
Genre Law
ISBN 1788971752

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Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.

The Ashgate Research Companion to Secession

The Ashgate Research Companion to Secession
Title The Ashgate Research Companion to Secession PDF eBook
Author Peter Radan
Publisher Routledge
Pages 617
Release 2016-03-23
Genre Political Science
ISBN 1317041704

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Secession is a detachment of a territory from an existing state with the aim of creating a new state on the detached territory. Secession is usually an outcome of the political mobilization of a population on the territory to be detached and, as a political phenomenon, is a subject of study in the social sciences. Its impact on inter-state relations is a subject of study in international relations. But secession is also subject to regulation both in the constitutional law of sovereign states and in international law. Following a spate of secessions in the early 1990s, legal scholars have proposed a variety of ways to regulate the international responses to attempts at secessions. Moreover, since the 1980s normative justification of secession has been subject to an intense debate among political theorists and moral philosophers. This research companion has the following three complementary aims. First, to offer an overview of the current theoretical approaches to secession in the social sciences, international relations, legal theory, political theory and applied ethics. Second, to outline the current practice of international recognition of secession and current domestic and international laws which regulate secession. Third, to offer an account of major secessionist movements - past and present - from a comparative perspective. In their accounts of past secessions and current secessionist movements, the contributors to this volume focus on the following four components: the nature and source of secessionist grievances, the ideologies and techniques of secessionist mobilization, the responses of the host state or majority parties in the host state, and the international response to attempts at secession. This provides a basis for identification of at least some common patterns in the otherwise highly varied processes of secession.

Secession in International Law

Secession in International Law
Title Secession in International Law PDF eBook
Author Milena Sterio
Publisher Edward Elgar Publishing
Pages 239
Release 2018-08-31
Genre Law
ISBN 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.

Research Handbook on the International Law of Indigenous Rights

Research Handbook on the International Law of Indigenous Rights
Title Research Handbook on the International Law of Indigenous Rights PDF eBook
Author Newman, Dwight
Publisher Edward Elgar Publishing
Pages 528
Release 2022-04-19
Genre Law
ISBN 1788115791

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This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.

The Elgar Companion to Post-Conflict Transition

The Elgar Companion to Post-Conflict Transition
Title The Elgar Companion to Post-Conflict Transition PDF eBook
Author Hans-Joachim Giessmann
Publisher Edward Elgar Publishing
Pages 389
Release 2018-08-31
Genre Political Science
ISBN 1783479051

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What are the main drivers of political transition and regime change? And to what extent do these apparently seismic political changes result in real change? These questions are the focus of this comparative study written by a mix of scholars and practitioners. This state-of-the-art volume identifies patterns in political transitions, but is largely unconvinced that these transitions bring about real change to the underlying structures of society. Patriarchy, land tenure, and economic systems often remain immune to change, despite the headlines.

Research Handbook on Minority Politics in the European Union

Research Handbook on Minority Politics in the European Union
Title Research Handbook on Minority Politics in the European Union PDF eBook
Author Tove H. Malloy
Publisher Edward Elgar Publishing
Pages 451
Release 2022-11-25
Genre Political Science
ISBN 180037593X

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This timely Research Handbook provides a multidisciplinary overview of research on ethno-cultural minority issues at the supranational level of the EU. It delivers a state-of-the-art review of the EU’s approaches to development and institutional implementation of minority policies from the Treaty of Rome until today.

Secession in International Law with a Special Reference to the Post-Soviet Space

Secession in International Law with a Special Reference to the Post-Soviet Space
Title Secession in International Law with a Special Reference to the Post-Soviet Space PDF eBook
Author Júlia Miklasová
Publisher BRILL
Pages 757
Release 2024-08-29
Genre Law
ISBN 9004702644

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The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.