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Book
Self-Determination in the International Legal System : Whose Claim, to What Right?
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ISBN: 150994513X Year: 2023 Publisher: Oxford : Hart Publishing,

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Abstract

This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by Max-Planck-Institut für ausländisches offentliches Recht und Volkerrecht.


Book
Self-Determination in the International Legal System : whose claim, to what right?
Author:
Year: 2023 Publisher: Oxford, UK : Hart Publishing,

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"Self-determination is, without doubt, one of the most important concepts of the international legal order, but debates still exist around what precisely it means. This book brings conceptual clarity to its study and practice. It argues that the accepted categorisation of international and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: polity-based, identitarian, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which they are based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law."-- Provided by publisher.


Book
Ethnic profile, historical processes, and the cultural identity crisis among Quebeckers of French Descent
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ISBN: 1412350883 Year: 2005 Publisher: Chicoutimi : J.-M. Tremblay,

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Book
The theory of self-determination
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ISBN: 1316484653 1316485080 131648551X 1316485943 1316487660 1316340635 1107119138 1107545153 9781107119130 1316482073 9781316487662 9781316485941 Year: 2016 Publisher: Cambridge: Cambridge university press,

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"When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as, when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations"--


Book
Rethinking statehood in Palestine : self-determination and decolonization beyond partition
Author:
Year: 2021 Publisher: Oakland, California : University of California Press,

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"The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically reexamines this quest by exploring the meaning of Palestinian statehood and the challenges that face alternative models to it today. Rethinking Statehood in Palestine gives prominence to a young set of diverse Palestinian scholars, both men and women, to show how notions of citizenship, sovereignty, and nationhood are being currently rethought within the broader context of decolonization. Bringing forth critical and multifacetted engagements with what Palestinian self-determination entails within a larger regional context, this groundbreaking book sets the terms of debate for the future of Palestine beyond partition"-- Provided by publisher.


Book
Contextualizing secession : normative studies in comparative perspective
Authors: ---
ISBN: 0191531731 1281930601 9786611930608 Year: 2003 Publisher: Oxford ; New York : Oxford University Press,

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In a world where the traditional territorial organisation of the state is coming under increasing challenge from pressures from above (globalisation) and from below (struggles for federalisation and secession), the theoretical and practical questions concerning secessionist struggles become ever more acute. It is these questions that this volume addresses. Why do some struggles for autonomy take acute forms, above all violent struggles for secession (for example, Chechnya), whileothers remain within the framework of constitutional politics (for example, Tatarstan and Quebec)? Under what condit


Book
Les évolutions de la souveraineté

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Book
The right of self-determination of peoples : the domestication of an illusion
Authors: ---
ISBN: 1316446875 113980569X 1316443868 1107037964 1107688205 9781107688209 9781139805698 9781107037960 Year: 2015 Publisher: New York: Cambridge university press,

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The right of self-determination of peoples holds out the promise of sovereign statehood for all peoples and a domination-free international order. But it also harbors the danger of state fragmentation that can threaten international stability if claims of self-determination lead to secessions. Covering both the late eighteenth- and early nineteenth-century independence movements in the Americas and the twentieth-century decolonization worldwide, this book examines the conceptual and political history of the right of self-determination of peoples. It addresses the political contexts in which the right and concept were formulated and the practices developed to restrain its potentially anarchic character, its inception in anti-colonialism, nationalism, and the labor movement, its instrumentalization at the end of the First World War in a formidable duel that Wilson lost to Lenin, its abuse by Hitler, the path after the Second World War to its recognition as a human right in 1966, and its continuing impact after decolonization.


Book
The politics of self-determination : remaking territories and national identities in Europe, 1917-1923
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ISBN: 9780198777847 0198777841 0191823317 Year: 2016 Publisher: Oxford : Oxford University Press,

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Book
A new approach to global studies from the perspective of small nations
Authors: ---
ISBN: 1003395236 1032497351 103249736X 1003814425 1003814417 Year: 2023 Publisher: Taylor & Francis (Unlimited)

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"With emphasis on East Asian and North American examples - notably Japan and Quebec - Date, Laniel and their contributors take a new approach to the understanding of small nations and their role in the international system. Small nations, by their very nature, raise significant questions about what a nation is. Some small nations are sovereign states with relatively small populations and limited territory, others are nations within larger sovereign states, with distinctive cultures, governance structures, or other features that differentiate them from their "parent" state. By focussing on non-European nations in particular, the contributors to this volume challenge our conceptions of what a small nation is and how it operates within the international system. They focus in particular on the nation-within-a-nation-state of Quebec and on Japan, supplemented by further examples from East Asia. By interrogating what these examples have to show us about the typology and character of small nations, they offer a critique of superpower and draw out the potential of small nation studies. A valuable resource for students and scholars of international relations and theories of the nation and nation state"--

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