Secession : international law perspectives / edited by Marcelo G. Kohen.
2006
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Title
Secession : international law perspectives / edited by Marcelo G. Kohen.
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Imprint
Cambridge : Cambridge University Press, 2006.
Description
1 online resource (xxxvi, 510 pages) : digital, PDF file(s)
Formatted Contents Note
Introduction / Marcelo G. Kohen
pt. I. The foundations of international law and their impact on secession. Secession and self-determination / Christian Tomuschat ; Secession, terrorism and the right of self-determination / Andrew Clapham ; Secession and external intervention / Georg Nolte ; The role of recognition in the law and practice of secession / John Dugard and David Raic ; The state as a 'primary fact': some thoughts on the principle of effectiveness / Theodore Christakis ; A normative 'due process' in the creation of states through secession / Antonello Tancredi ; Secession and the law of state succession / Andreas Zimmermann ; Are there gaps in the international law of secession? / Olivier Corten
pt. II. International and domestic practice. The question of secession in Africa / Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo ; International law and secession in the Asia and Pacific regions / Li-ann Thio ; Secession and international law: the European dimension / Photini Pazartzis ; Secession and international law: Latin American practice / Frida Armas Pfirter and Silvina Gonzalez Napolitano ; Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada / Patrick Dumberry ; The secession of the Canton of Jura in Switzerland / Christian Dominice ; Conclusions / Georges Abi-Saab.
pt. I. The foundations of international law and their impact on secession. Secession and self-determination / Christian Tomuschat ; Secession, terrorism and the right of self-determination / Andrew Clapham ; Secession and external intervention / Georg Nolte ; The role of recognition in the law and practice of secession / John Dugard and David Raic ; The state as a 'primary fact': some thoughts on the principle of effectiveness / Theodore Christakis ; A normative 'due process' in the creation of states through secession / Antonello Tancredi ; Secession and the law of state succession / Andreas Zimmermann ; Are there gaps in the international law of secession? / Olivier Corten
pt. II. International and domestic practice. The question of secession in Africa / Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo ; International law and secession in the Asia and Pacific regions / Li-ann Thio ; Secession and international law: the European dimension / Photini Pazartzis ; Secession and international law: Latin American practice / Frida Armas Pfirter and Silvina Gonzalez Napolitano ; Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada / Patrick Dumberry ; The secession of the Canton of Jura in Switzerland / Christian Dominice ; Conclusions / Georges Abi-Saab.
Summary
The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This 2006 book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.
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Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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WWW
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Alternate Title
Cambridge Core.
Language
English
ISBN
9780511494215 ebook
9780521849289 (hardback)
9781107407824 (paperback)
9780521849289 (hardback)
9781107407824 (paperback)
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