Remedial Secession after the Cold War : Self-Determination and the Question of Secession.

Format:

Book

Author/Creator:

Mustafa, Blerim.

Series:

Studies in International Minority and Group Rights Series

Studies in International Minority and Group Rights Series ; v.19

Language:

English

Subjects (All):

Secession.

Self-determination, National.

Physical Description:

1 online resource (314 pages)

Edition:

1st ed.

Place of Publication:

Boston : BRILL, 2026.

Summary:

This book critically assesses the precedent-setting impact of Timor-Leste, Kosovo, and Iraqi Kurdistan on post-Cold War remedial secession. It examines relevant state practice in respect to the evolution of the right of self-determination.

Contents:

Intro

Contents

Acknowledgements

Abbreviations

The Extension of the Right of Self-Determination

1 Introduction

2 The Right of Self-Determination in the Post-Cold War Era

3 The Book's Architecture

3.1 The Interplay between the Right of Self-Determination and Secession

3.2 Analytical Framework

3.3 Methodology

3.4 Case-Study I: Timor-Leste

3.5 Case-Study II: Kosovo

3.6 Case-Study III: Iraqi Kurdistan

3.7 Post-Cold War Remedial Secession

3.8 Conclusion

Chapter 1 The Evolution of Post-Cold War Secession

2 The Right of Self-Determination in the Cold War Era and Its Implications on Post-Cold War Secession

3 Self-Determination and Secessionism

4 The Evolution and Consolidation of Norms

5 Post-Cold War Remedial Secession and the Evolution of the Right of Self-Determination

6 Contributions of the Present Book to Post-Cold War Secession Literature

7 Conclusion

Chapter 2 An Analytical Framework for Assessing Remedial Secession

2 Secession through the Lens of the Remedial Right Doctrine

3 Unjust Annexation of a Territory

4 Denials of the Right of Internal Self-Determination and Exhaustion of Peaceful Remedies to Settle a Self-Determination Dispute

5 Large-Scale and Persistent Violations, and Denials of Human Rights and Fundamental Freedoms

6 A Framework for Assessing the Right to Secede in the Post-Cold War Context

Chapter 3 Case-Study Analysis of Post-Cold War Secessionist Conflicts

2 Methodology and Research Design

3 Case-Study Selection

4 Empirical Data Gathering and Analysis

5 Conclusion

Chapter 4 Timor-Leste's Contentious Path to Secession

2 Timeline of the Timor-Leste Armed Conflict.

3 The International Community's Response to Indonesia's Forceful Annexation of Timor-Leste

4 The ICJ Advisory Opinion on Timor-Leste and the Interplay between Secession and the Right of Self-Determination

5 Outbreak of Armed Conflict in Timor-Leste following the 1999 Independence Referendum

6 The UN Security Council Endorses a Military Intervention in Timor-Leste

7 Timor-Leste's Path to Independence and the Reaction from Involved Parties

8 The Implications of Timor-Leste's Independence on Remedial Secession

9 Conclusion

Chapter 5 Kosovo's Independence and Its Precedential Impact on Remedial Secession

2 The Armed Conflict in Kosovo

3 The Road towards Armed Conflict: Human Rights Violations in Kosovo and UN's Response

4 The Protection of Human Rights and the Principle of Non-interference in the Internal Affairs of a Sovereign State

5 Kosovo's Independence: An Example of Remedial Secession?

5.1 Kosovo's sui generis Characteristics

5.2 History of the Conflict and Human Rights Violations

5.3 Persistent Denials of Internal Self-Determination and Autonomy

5.4 The Exhaustion of Peaceful Remedies to Settle a Self-Determination Conflict

5.5 The Implications of Kosovo's Independence on Post-Cold War Remedial Secession

6 The Remedial Right Doctrine: A Guiding Factor towards Legitimising Kosovo's Independence?

Chapter 6 Remedial Right Secession in the Context of Iraqi Kurdistan

2 A Timeline of the Iraqi Kurds' Endeavours to Realise Their Aspirations for External Self-Determination

3 Human Rights Violations and Crimes against Humanity in the Context of the Anfal Military Campaign and the First Gulf War

4 The Reaction from the International Community during the Anfal Campaign and the First Gulf War.

5 The Aftermath of the 2003 Second Gulf War and the Path towards the 2017 Independence Referendum

5.1 Adoption of the 2005 Constitution of Iraq Secures the Kurdish Population Greater Political Rights

5.2 The Anfal Killings Recognised as Genocide

5.3 Kirkuk's Future Political Status Remains Undetermined

6 The International Community's Reaction to the Independence Referendum

6.1 States Object to the Aspirations of the Iraqi Kurds for Secession

6.2 Countries That Neither Condemned nor Endorsed the Holding of the Independence Referendum

6.3 Political Support Expressed to Erbil's Aspirations for External Self-Determination

7 Iraqi Kurdistan's Quest for Independence and Its Implications on Remedial Secession

8 Conclusion

Chapter 7 Remedial Right Secession in the Post-Cold War Era

2 Post-Cold War Self-Determination in the Twenty-First Century

3 Remedial Right Secession in the Context of Internal Self-Determination and the Unjust Annexation of a Territory

4 What Instances of Human Rights Violations and Crimes against Humanity Trigger a Right to Remedial Secession?

5 Settlement of Contentious Self-Determination Conflicts and the Role of External Parties

6 Non-Remedial Right Norms and International Recognition of Seceding-Aspiring Entities

Appendix 1: Non-remedial Arguments Invoked by Countries Regarding Timor-Leste's Independence

1 Conditional Self-Determination

2 Involvement of the UN and the International Community to Enhance Timor-Leste Statehood Process and Facilitate Its Independence

3 Continued Support Required from the International Community in the Aftermath of Timor-Leste's Independence

4 Outcome of the Independence Referendum

5 Attainment of the Right of Self-Determination.

Appendix 2: Non-remedial Arguments Invoked by Countries Regarding Kosovo's Independence

2 Involvement of International Community

3 Commitment to Establish Bilateral Diplomatic Relations and Growing International Support for Kosovo's Independence

4 Silent Countries/no Reasons Outlined for Recognising Kosovo

5 Respect of the Will of the People

6 Expression of the Right of Self-Determination

7 Promotion of Cultural and Religious Ties

Epilogue

1 The State of the Law on Self-Determination in 2025 and Prospects of Further Developments

2 Towards the Future

3 Present and Future Aspirants for Remedial Self-Determination

Bibliography

Index.

Notes:

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ISBN:

90-04-75774-0

9789004757745

OCLC:

1581929174