Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.
Formatted Contents Note
Contents: 1. Introduction / Peter Hilpold 2. Self-determination and autonomy - Self-determination and autonomy: between secession and internal self-determination / Peter Hilpold 3. The relevance of democratic principles to the self-determination norm / Brad Roth 4. Self-determination and secession: similarities and differences / Rein Müllerson 5. The referendum as an instrument for the resolution of territorial disputes and for the exercise of self-determination / Markku Suksi 6. Secession as a new constitutional problem: the question of independence in autonomy systems / Ulrike Haider-Quercia 7. "Conscious uncoupling" - legal aspects of Scot independence / Hannes Hofmeister and Belen Olmos 8. Autonomy and self-determination in Spain: Cataloniaś claims for independence from the perspective of international law / Eugenia López-Jacoiste 9. Autonomy and Self-determination in Spain - the constitutional perspective / Xabier Arzoz 10. Italian approaches to self-determination: theory and practice / Antonello Tancredi 11. The Kurds between discrimination, autonomy and self-determination / Stefan Oeter 12. The principle of autonomy, the right to self-determination and the case of Québec / Daniel Turp and Anthony Beauséjour Index.
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