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After having ignored victims, only recently both domestic and
international law have begun to pay attention to them. As a
consequence, different international norms related to victims have
progressively been introduced. These are norms generally
characterized by a certain concept from the perspective of victims,
as well as by the enumeration of a list of rights to which they are
entitle to; rights upon which the international statute of victims
is built. In reverse, these catalogues of rights are the states'
obligations. Most of these rights are already existent in the
international law of human rights. Consequently, they are not new
but consolidated rights. Others are strictly linked to victims,
concerning the following categories: victims of crime, victims of
abuse of power, victims of gross violations of international human
rights law, victims of serious violations of international
humanitarian law, victims of enforced disappearance, victims of
violations of international criminal law and victims of
terrorism.
"
The book deals with the secession/separation of territorial
entities and the legal consequences that derive from it both for
the parent state and for the seceded/separated entity or the entity
that intends to secede/separate. This subject is approached from
the triple perspective of international law, comparative law, and
Spanish law.International law, because it is this legal system
which contains the general legal framework within which this issue
must be dealt with. Thus, for example, the legal basis of the right
to self-determination, the constituent elements of the state, the
recognition of states and governments, succession in the matter of
treaties, succession in membership of International Organisations,
etc.Moreover, international law is also the reference invoked by
secessionist/independentist political projects within states in an
attempt to provide a legal basis for the legality of their
claim.Comparative law, in order to find out not only how most state
constitutions deal with secession or independence of their
territories, but also the jurisprudence handed down by national
courts on the matter (USA, Canada, Italy, France, Spain, among
others).And finally, Spanish Law, because the perspective chosen to
address the object of study is from the perspective of Spain.
After having ignored victims, only recently both domestic and
international law have begun to pay attention to them. As a
consequence, different international norms related to victims have
progressively been introduced. These are norms generally
characterized by a certain concept from the perspective of victims,
as well as by the enumeration of a list of rights to which they are
entitle to; rights upon which the international statute of victims
is built. In reverse, these catalogues of rights are the states'
obligations. Most of these rights are already existent in the
international law of human rights. Consequently, they are not new
but consolidated rights. Others are strictly linked to victims,
concerning the following categories: victims of crime, victims of
abuse of power, victims of gross violations of international human
rights law, victims of serious violations of international
humanitarian law, victims of enforced disappearance, victims of
violations of international criminal law and victims of terrorism.
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