Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law

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Duncan French
Cambridge University Press, Feb 21, 2013 - Law - 534 pages
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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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Contents

Contributors page
viii
Table of cases
xxi
List ofprincipal abbreviations
xlvii
Entities that can be states but do not claim to be
23
Unilateral declarations of independence
60
The myth of remedial secession
79
International responses to the secession attempts of Kosovo
109
The paradox of Kosovos parallel legal orders in the reasoning
139
Trading fish or human rights in Western Sahara?
250
recent
277
Can religious norms influence selfdetermination struggles
302
Selfdetermination oil and Islam in the face of the League
324
a time
349
the case of the
429
The impact of supranationalism on state sovereignty from
450
Democracy out of instrumental reason? Global institutions
471

The question about the final status
165
independence in a postKosovo world
187
reconsidered
229
disaggregating
491
Index
513
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About the author (2013)

Duncan French is Head of the Law School and Professor of International Law at the University of Lincoln.

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