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.

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.

TABLE OF UN DOCUMENTS.

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.

If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...

Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.