Statehood and Self-Determination

Reconciling Tradition and Modernity in International Law

By: Duncan French (Editor)

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Hardcover | 21 February 2013

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586 Pages

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16.0 x 23.7 x 4.3

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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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Non-Fiction Law International Law Public International Law International Law of Territory & Statehood Politics & Government International Relations International Institutions United Nations & UN Agencies

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Published: 9th July 2015

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Foreword
Introduction
Statehood and Recognition
Entities that can be states but do not claim to be
Unilateral declarations of independence in international law
The myth of remedial secession
International responses to the secession attempts of Kosovo, Abkhazia and South Ossetia, 1989-2009
The paradox of Kosovo's Parallel Legal Orders in the Reasoning of the Court's Advisory Opinion
The politics of recognition: the question about the final status of Kosovo
Revisiting lessons on the new law of statehood: Palestinian independence in a post-Kosovo world
Somaliland: scrambled by international law?
Self-Determination
The internal and external aspects of self-determination reconsidered
Trading fish or human rights in Western Sahara? Self-determination, non-recognition and the EC-Morocco Fisheries Agreement
Self-determination, peacemaking and peacebuilding: recent trends in African intrastate peace agreements
Can religious norms influence self-determination struggles, and with what implications for international law?
Self-determination, oil and Islam in the face of the League of Nations: the Mosul dispute and the 'non-European' legal terrain
The question of indigenous peoples' rights: a time for reappraisal?
The Kanak indigenous peoples of New Caledonia: decolonisation and self-determination in practice
The ethnic dichotomy of 'self' and 'Other' within Europe: interwar minority protection in perspective
Tradition, Opportunities and Challenges: The Changing Nature of the State
A monument, identity and nationhood: the case of the Old Bridge of Mostar
The impact of supranationalism on state sovereignty from the perspective of the legitimacy of international organisations
Democracy out of instrumental reason? Global institutions and the promotion of liberal governance
Federated entities in international law: disaggregating the federal state?
Table of Contents provided by Publisher. All Rights Reserved.

Statehood and Self-Determination

Reconciling Tradition and Modernity in International Law

At a Glance

Hardcover

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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