Self-Determination and secession : in between the law, theory and practice
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書誌事項
Self-Determination and secession : in between the law, theory and practice
Springer Pub., c2023
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Includes bibliographical references and index
内容説明・目次
内容説明
This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas - as to whether there is a link between self-determination and secession - are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture - whether majority, minority or indigenous - to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
目次
Introduction.- PART I SELF-DETERMINATION OF PEOPLES.-Chapter 1 Phases and developments of the concept of the self- determination of the peoples.-Historical development of the principle of the self - determination.-The self-determination of peoples within the UN system.-Legal basis for the realization of self-determination within the UN system.-Content of the right to self-determination of the peoples within the UN system.-The right to self-determination of the peoples into the jurisprudence of the International Court of Justice.-Theoretical debates.-Chapter 2 The right holders of self-determination.-The peoples.-Colonial peoples.-Indigenous peoples.-Nation.-Minorities and self-determination.-Theoretical debates.-Chapter 3 Practicing the right to self-determination.-Ways and modalities for realization of the self - determination.-Standards for self determination.-Principle of territorial integrity.-The doctrine of Uti possidetis juris.-PART II SECESSION.-Chapter 4 The phenomenon of secession.-Theories of secession.-The "right to secession".-The secession and the right to self-determination.-Constitutional right of secession.-Theoretical debates concerning the "right to secession".-International normative framework in respect of the secession.-Chapter 5 Secession movements and the dynamics of secession.-Calculations regarding secession.-Possible supporters of secession movements.-International activity concerning secessionist movements.-Chapter 7 The legitimacy of the secession claims.-Secession as a cure (a remedial secession) - theoretical explications.-A parochial theory for the legitimacy of secessionist claims.-Economic justification of the secession.-Chapter 8 The emergence of a secessionist entity.-Recognition of the secessionist entity.-Principle of effectiveness.-Types of recognition of a secessionist entity.-Recognition criteria.-Possibilities for institutional settlements of the secession claims within the UN system.-PART THREE: INTERNAL SELF-DETERMINATION.-Chapter 9 The internal aspect of the right to self-determination.-Legal basis for internal self-determination.-The social base for realization of internal self-determination.-National identity and the content of ethnicity.-Chapter 11 Tools and forms for the realization of internal self-determination.-Democracy and multiculturalism.-Multicultural policies.-Systems of power sharing.-Autonomy.-Consociationalisam.-Political participation.-Access and integration.-CONCLUSION.-References
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