Escaping the self-determination trap / by Marc Weller.

Format:

Book

Author/Creator:

Weller, M. (Marc)

Series:

Nijhoff eBook titles 2009

Language:

English

Subjects (All):

Self-determination, National.

Nationalities, Principle of.

Cyprus--International status.

Cyprus.

Kosovo--International status.

Kosovo.

Abkhazia (Georgia)--International status.

Abkhazia (Georgia).

Physical Description:

1 online resource (224 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff, 2008.

Language Note:

English

Summary:

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.

Contents:

A concept with multiple meanings

The classical right to self-determination

Constitutional self-determination

Remedial self-determination

Effective entities

Trading self-determination for autonomy or enhanced self-governance

Regionalisation, federalisation, or union with confirmation of territorial unity

Deferring a substantive settlement while agreeing to a settlement mechanism

Balancing self-determination claims

Conditional self-determination

Agreeing on self-determination but deferring implementation

Establishing a de facto state through an international process

Supervised independence

Conclusion : new approaches to self-determination settlements.

Notes:

Description based upon print version of record.

Includes bibliographical references and bibliography (p. 171-224).

ISBN:

1-282-40109-2

9786612401091

90-474-2834-X

OCLC:

570348933

Publisher Number:

10.1163/ej.9789004174887.1-224 DOI