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Self-Determination and Secession in International Law (Hardcover)
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Self-Determination and Secession in International Law (Hardcover)
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Peoples and minorities in many parts of the world assert a right to
self-determination, autonomy, and even secession from a state,
which naturally conflicts with that state's sovereignty and
territorial integrity. The right of a people to self-determination
and secession has existed as a concept within international law
since the American Declaration of Independence in 1776, but the
exact definition of these concepts, and the conditions required for
their application, remain unclear. The Advisory Opinion of the
International Court of Justice concerning the Declaration of
Independency of Kosovo (2010), which held that the Kosovo
declaration of independence was not in violation of international
law, has only led to further questions. This book takes four
conflicts in the post-Soviet Commonwealth of Independent States
(CIS) as a starting point for examining the current state of the
law of self-determination and secession. Four entities,
Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and
Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to
self-determination but also to secession from their mother state.
For this entitlement they rely on historic affiliations, and on
charges of discrimination and massive human rights violations
committed by their mother state. This book sets out its analysis of
these critical issue in three parts, providing a detailed
understanding of the principles of international law on which they
rely: The first part sets out the contours and meaning of
self-determination and secession, including an overall assessment
of secession within the Commonwealth of Independent States. The
second section provides case studies investigating the events in
Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in
greater detail. The third and final section extends the scope of
the examination, providing a comparative analysis of similar
conflicts involving questions of self-determination and secession
in Kosovo, Western Sahara, and Eritrea.
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