Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law
Cambridge University Press, Feb 21, 2013 - Law - 534 pages
The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.
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Table of cases
List ofprincipal abbreviations
Entities that can be states but do not claim to be
Unilateral declarations of independence
The myth of remedial secession
International responses to the secession attempts of Kosovo
The paradox of Kosovos parallel legal orders in the reasoning
Trading ﬁsh or human rights in Western Sahara?
Can religious norms inﬂuence selfdetermination struggles
Selfdetermination oil and Islam in the face of the League
the case of the
The impact of supranationalism on state sovereignty from
Democracy out of instrumental reason? Global institutions
Other editions - View all
Abkhazia African argued armed conﬂict Article Assembly autonomy Bosnia and Herzegovina Caledonia chapter claim colonial Constitution context Convention cultural property December declaration of independence deﬁned deﬁnition democracy democratic determination difﬁcult doctrine entities ethnic European exercise external self-determination federal ﬁnal ﬁrst framework Georgia Greenland human rights Ibid ICJ Reports inﬂuence institutions international community international law international legal international organisations Islamic issue Journal of International Journal ofInternational Law Kanak Kosovo Advisory Opinion last accessed legal order legitimacy Morocco Mosul negotiations norms Noumea Noumea Accords obligations ofﬁcial Palestine Palestinian Authority participation peace agreements political population principle quasi-state question recognition reﬂect regime relations remedial secession Republic Resolution 1244 right to self-determination Rights of Indigenous Secretary-General Security Council self-determination self-government Serbia signiﬁcant Somaliland South Ossetia sovereign sovereignty speciﬁc state’s statehood status territorial integrity tion tional Treaty treaty-making unilateral declaration United Nations UNMIK violations Western Sahara Written Statement