Resolving Claims to Self-Determination - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Resolving Claims to Self-Determination write by Andrew Coleman. This book was released on 2014-01-03. Resolving Claims to Self-Determination available in PDF, EPUB and Kindle. Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Resolving Indigenous Claims to Self-Determination
Resolving Indigenous Claims to Self-Determination - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Resolving Indigenous Claims to Self-Determination write by Lorie Graham. This book was released on 2007. Resolving Indigenous Claims to Self-Determination available in PDF, EPUB and Kindle. The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights. This right has gradually achieved firm recognition in international law. At present, however, there is no forum or process available for resolving indigenous claims to self-determination. Indeed, none of the United Nation instruments that reference the right to self-determination, such as the International Covenant on Civil and Political Rights, offer specific relief for violations of this right. Moreover, there are no definitive definitions regarding the contours of this right that could help guide the resolution of such claims. Thus, the focus of this paper is twofold: to analyze some of the more difficult issues that a dispute resolution mechanism might face in addressing indigenous claims to self-determination and to articulate an optimal process or forum for resolving such claims.
Escaping the Self-Determination Trap
Escaping the Self-Determination Trap - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Escaping the Self-Determination Trap write by Marc Weller. This book was released on 2009-05-31. Escaping the Self-Determination Trap available in PDF, EPUB and Kindle. There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Resolving Claims of Self-determination
Resolving Claims of Self-determination - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Resolving Claims of Self-determination write by Andrew G. Dulaney. This book was released on 1993. Resolving Claims of Self-determination available in PDF, EPUB and Kindle.
Modern law and self-determination
Modern law and self-determination - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Modern law and self-determination write by Christian Tomuschat. This book was released on 1993-09-02. Modern law and self-determination available in PDF, EPUB and Kindle. "Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
