Secession : international law perspectives / edited by Marcelo G. Kohen.

Format:

Book

Contributor:

Kohen, Marcelo G., editor.

Language:

English

Subjects (All):

Secession.

Physical Description:

1 online resource (xxxvi, 510 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

text file

PDF

Summary:

The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This 2006 book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

Contents:

Introduction / Marcelo G. Kohen

part I. The foundations of international law and their impact on secession. Secession and self-determination / Christian Tomuschat ; Secession, terrorism and the right of self-determination / Andrew Clapham ; Secession and external intervention / Georg Nolte ; The role of recognition in the law and practice of secession / John Dugard and David Raic ; The state as a 'primary fact': some thoughts on the principle of effectiveness / Theodore Christakis ; A normative 'due process' in the creation of states through secession / Antonello Tancredi ; Secession and the law of state succession / Andreas Zimmermann ; Are there gaps in the international law of secession? / Olivier Corten

part II. International and domestic practice. The question of secession in Africa / Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo ; International law and secession in the Asia and Pacific regions / Li-ann Thio ; Secession and international law: the European dimension / Photini Pazartzis ; Secession and international law: Latin American practice / Frida Armas Pfirter and Silvina Gonzalez Napolitano ; Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada / Patrick Dumberry ; The secession of the Canton of Jura in Switzerland / Christian Dominice ; Conclusions / Georges Abi-Saab.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511494215

Access Restriction:

Restricted for use by site license.