Self-Determination and Secession in International Law - Thar Le Zwa သာလီစြ - Arakan Monitor

Thar Le Zwa သာလီစြ - Arakan Monitor

Thar Le Zwa: Arakan Monitor

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Saturday, December 29, 2018

Self-Determination and Secession in International Law


Self-Determination and Secession in International Law
Christian Walter, Antje von Ungern-Sternberg, and Kavus Abushov
 Print publication date: 2014
 ISBN: 9780198702375
 Publisher: Oxford University Press
ABSTRACT
The book reassesses the right to self-determination and secession in the light of recent developments, focusing particularly on the Commonwealth of Independent States (CIS). What are the implications of self-determination if the principle is applied outside the context of decolonization? The book analyses the role of self-determination and secession in view of challenges to the traditional role of the state, which result from an increasing emphasis on legitimacy rather than stability and sovereignty. The book is divided into a general section and two sections containing case studies. Based on four case studies covering conflicts in the CIS region (Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabakh) which are contained in the second section, the first section reassesses general issues of self-determination and secession. It starts with a chapter on the Kosovo opinion and its implication for the role of the judiciary in advancing the law on self-determination and secession. Furthermore, the possible subjects of the right of self-determination (peoples, minorities, indigenous peoples), the role of recognition and the use of force with regard to secession, and the principle of uti possidetis are analysed in view of recent developments. The general section concludes with an overall assessment of secession in the CIS region. The second section contains the four already mentioned case studies on conflicts in the CIS region. The third and final section extends the scope of the examination, looking at comparable conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

 Keywords: self-determination, secession, CIS, Kosovo, ICJ, peoples, uti possidetis, territory, use of force, recognition
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