The question of secession in Africa Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo; 10. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. Therefore, while the community of scholars working in the field of secession and recognition is still relatively small, the subject itself is undergoing rapid growth. Goldberg and Feldman Fine Arts, Inc. While there are thousands of ethnic groups around the world, there are just 193 member states of the United Nations. List of contributors; List of abbreviations; Table of cases; Table of international instruments; Table of national legislation; Foreword; Introduction Marcelo G. Enquires if some criteria could allow for uniform judgment of similar cases while authorizing variations in treatment due to factual differences in order to dispel resentment.
The workshop thus sought to explore the terms of this encounter. The Hague: Kluwer Law International, 2000. Secession and International Law: Conflict Avoidance—Regional Appraisals. Returning Books Not Rented From BarristerBooks BarristerBooks is not responsible for any items sent to us in error. Please be sure to confirm the price stated at checkout — that is the price you will be charged.
The foundations of international law and their impact on secession. Self-Determination in International Law: Quebec and Lessons Learned. Are there gaps in the international law of secession? This contest of cultures is often represented from the perspective of the human rights professional or activist faced with an incomprehensible and 'Exotic Other', to quote an early and influential piece by Karen Engle - perhaps today the torturer or, more incomprehensible still, the torturer's legal adviser, the terrorist or the woman behind the veil. On rare occasions, you may receive notice that an item listed on your order receipt has become out of stock. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields. Statehood and the Law of Self-Determination Leiden, The Netherlands: Martinus Nijhoff, 2002.
Additional charges may apply to rental extensions. International and Domestic Practice: 9. In this chapter the legal color of secession is explored according to Article 38 1 of the Statute of the International Court of Justice, so international conventions, international custom, the general principles of law recognized by civilized nations, and subsidiary means for the determination of rules of law including judicial decisions and the teachings of the most highly qualified publicists of the various nations are taken into consideration. This paper uses this report as a main reference tool. Secession: International Law Perspectives By Marcelo G. Texas International Law Journal Tulane J.
This animus is misguided,which this essay demonstrates in two ways: first, that secession should be understood as an act of subsidiarity, and as such is fully consistent with European values; and second, that we have the means for realizing those values in international law and politics generally by using the language of self-determination — though not the contemporary doctrine, rather a radically democratic form: a right to secession. At the core of the phenomenon lies the question of who has the right to govern whom and in what jurisdictional domain, a question that political philosophers are naturally disposed to tackle. No Obligation To Sell Mispriced Products Or Services 2. The state as a 'primary fact': some thoughts on the principle of effectiveness Theodore Christakis; 6. Suffolk Transnational Law Review Temple I. BarristerBooks reserves the right to use a collection agency and any other means necessary to recover lost assets or any payments due. The new state has no separate colonial heritage, and hence no recognised boundary, and has been formed as the result of a struggle for independence waged against the government of an independent state.
Nadir and Others, All England Law Review, 1992, vol. Yugoslavia , Preliminary Objections Yugoslavia v. The real criterion for the emergence of a new state, outside the colonial context, is the principle of effectiveness: if a secessionist entity succeeds in fulfilling the conditions of statehood, a new state is born. There can be moderate writing or highlighting, but no damage to the binding. Discusses in detail almost all applicable rules of international law self-determination, external intervention, recognition, effectiveness, state succession, the problem of gaps and includes a scrutiny of practices throughout the world.
An additional methodological problem is that some of the books and articles published on secession and self-determination, instead of suggesting new approaches or delving into underresearched topics such as the problem of , often follow similar paths. We value your business and want you to have the best possible renting experience. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Lost Books During the rental period you are deemed to be solely responsible for the rented item, and you are responsible if it is damaged, lost or stolen whether or not caused by you. It challenges the political expediency views on its constitutionalization and argues that the inclusion of the right in the federal constitution is motivated by ideological reasons. Diversity also finds its expression by the existence of four chapters in French with summaries in English. Canadian Journal of Law and Society Canadian J.
Returning Books Not Rented From BarristerBooks 20. The historical review has demonstrated that, despite its entry into the international legal system, the inherent uncertainty about self-determination remains glaring: the holder and the content of the right to self-determination remain controversial, the territorial perspective and the human rights perspective of self-determination are not always clearly distinguished, tension might arise between the principle of self-determination and the principle of territorial sovereignty, and the right to self-determination is open to abuse particularly in the sense of remedial secession. The Creation of States in International Law 2d rev. The political phenomenon known as secessionism has gained momentum worldwide following the collapse of the Soviet Union Lehning 1998;Englebert and Hummel 2003;Weller and Metzger 2008; Kohen 2006. Refusing delivery is not an acceptable way to return a rental item, for a refund or at the end of the rental period. If you do not provide BarristerBooks with shipping instructions and payment within this time, the damaged item will be considered permanently and irrevocably abandoned by you.