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Self-Determination in the International Legal System: Whose Claim, to What Right?

Self-Determination in the International Legal System: Whose Claim, to What Right?

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509945061
  • 出版时间 January 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509945139

List Price: RM605.63

RM587.46 Save RM18.17 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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 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.

  • 1. A Struggle for Self-Determination: Whose Claim, to What Right?
    I. Introduction
    II. The Self-Determination Problem
    III. Four Forms of Self-Determination
    IV. Vocabulary and Categorisation: The Forms of Self-Determination and their Interrelation
    V. Conclusion
    2. Self-Determination's Origins: 1320–1920
    I. A Prehistory of Self-Determination?
    II. Self-Determination Takes Centre Stage: 1776 and 1789
    III. The Age of Revolution and the Long Nineteenth Century – 1789–1920
    IV. Conclusion
    3. Self-Determination and Decolonisation: 1920–1970
    I. Imperialism and Decolonisation
    II. First World War Rhetoric: Lenin and Wilson on Self-Determination
    III. The Mandates System
    IV. The United Nations and the Trusteeship System
    V. Self-Determination in the Law of the United Nations
    VI. Conclusion
    4. Judicial Treatments of Self-Determination 1945–2004
    I. Courts and Self-Determination
    II. Advisory Opinion on Namibia (South West Africa)
    III. The Western Sahara Advisory Opinion
    IV. Badinter Arbitration Commission
    V. East Timor
    VI. Katangese Peoples' Congress v Zaire
    VII. Reference Re Secession of Quebec
    VIII. The Wall Advisory Opinion
    IX. Conclusion
    5. The Kosovo Advisory Opinion
    I. The Advisory Opinion
    II. The Court's Decision
    III. Kosovo Applied: Russian Rhetoric and the Invasions of Ukraine
    IV. Conclusion
    6. The Chagos Archipelago Advisory Opinion
    I. The Advisory Opinion
    II. Self-Determination in the Chagos Advisory Opinion
    III. Disambiguation: A Continuing Failure of Definition
    IV. Conclusion
    7. Interregnum

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