Statehood and Self-Determination

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Duncan FrenchCambridge University PressEdition: Reprint, 7/9/2015EAN 9781107542686, ISBN10: 1107542685Paperback, 586 pages, 22.9 x 15.2 x 3.4 cmLanguage: EnglishThe concepts of sta tehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.Foreword James CrawfordIntroduction Duncan FrenchPart I. Statehood and Recognition1. Entities that can be states but do not claim to be Yaël Ronen2. Unilateral declarations of independence in international law Jure Vidmar3. The myth of remedial secession Katherine Del Mar4. International responses to the secession attempts of Kosovo, Abkhazia and South Ossetia, 1989–2009 Grace Bolton5. The paradox of Kosovo's Parallel Legal Orders in the Reasoning of the Court's Advisory Opinion Alexandros X. M. Ntovas6. The politics of recognitionthe question about the final status of Kosovo Jessica Almqvist7. Revisiting lessons on the new law of statehoodPalestinian independence in a post-Kosovo world Tamar Megiddo and Zohar Nevo8. Somalilandscrambled by international law? Jackson Nyamuya MaogotoPart II. Self-Determination9. The internal and external aspects of self-determination reconsidered James Summers10. Trading fish or human rights in Western Sahara? Self-determination, non-recognition and the EC-Morocco Fisheries Agreement Martin Dawidowicz11. Self-determination, peacemaking and peacebuildingrecent trends in African intrastate peace agreements Kelly Stathopoulou12. Can religious norms influence self-determination struggles, and with what implications for international law? Katja Samuel13. Self-determination, oil and Islam in the face of the League of Nationsthe Mosul dispute and the 'non-European' legal terrain Mai Taha14. The question of indigenous peoples' rightsa time for reappraisal? Malgosia Fitzmaurice15. The Kanak indigenous peoples of New Caledoniadecolonisation and self-determination in practice Jacqui Zalcberg16. The ethnic dichotomy of 'self' and 'Other' within Europeinterwar minority protection in perspective Mohammad ShahabuddinPart III. Tradition, Opportunities and ChallengesThe Changing Nature of the State17. A monument, identity and nationhoodthe case of the Old Bridge of Mostar Jadranka Petrovic18. The impact of supranationalism on state sovereignty from the perspective of the legitimacy of international organisations Eric De Brabandere19. Democracy out of instrumental reason? Global institutions and the promotion of liberal governance Charlotte Steinorth20. Federated entities in international lawdisaggregating the federal state? Gleider I. Hernández. Show more