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Resolving Claims to Self-Determination - Is There a Role for the International Court of Justice? (Hardcover)
Loot Price: R4,539
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Resolving Claims to Self-Determination - Is There a Role for the International Court of Justice? (Hardcover)
Series: Routledge Research in International Law
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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.
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