Deconstructing Self-Determination in International Law
Title | Deconstructing Self-Determination in International Law PDF eBook |
Author | Przemysław Tacik |
Publisher | BRILL |
Pages | 518 |
Release | 2023-07-17 |
Genre | Law |
ISBN | 9004680268 |
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
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.
Self-determination in International Law
Title | Self-determination in International Law PDF eBook |
Author | U. O. Umozurike |
Publisher | [Hamden, Conn.] : Archon Books |
Pages | 352 |
Release | 1972 |
Genre | Law |
ISBN |
Diversity and Self-Determination in International Law
Title | Diversity and Self-Determination in International Law PDF eBook |
Author | Karen Knop |
Publisher | Cambridge University Press |
Pages | 460 |
Release | 2002-04-18 |
Genre | Political Science |
ISBN | 1139431927 |
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
SELF-DETERMINATION IN INTERNATIONAL LAW.
Title | SELF-DETERMINATION IN INTERNATIONAL LAW. PDF eBook |
Author | PROFESSOR ROBERT. MCCORQUODALE |
Publisher | |
Pages | |
Release | 2017 |
Genre | |
ISBN | 9781138705111 |
The Right to Self-determination Under International Law
Title | The Right to Self-determination Under International Law PDF eBook |
Author | Milena Sterio |
Publisher | Routledge |
Pages | 226 |
Release | 2013 |
Genre | Law |
ISBN | 0415668182 |
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
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.