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Research Handbook on Secession

Research Handbook on Secession

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788971744
  • 出版时间 December 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,326.50

¥2,256.71 Save ¥69.80 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics.

    Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward.

    This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.

  • Acknowledgements xi

    1. Introduction to the Research Handbook on Secession 1
    Jure Vidmar, Lea Raible and Sarah McGibbon

    PART I: CONCEPTUALISING THE STATE
    2. State creation and the concept of statehood in international law 13
    Jure Vidmar and Lea Raible
    3. The law of statehood as a constellation of hybrids 29
    Jean d’Aspremont
    4. The principle of territorial integrity 42
    James Summers
    5. Self-determination short of secession 59
    Brad R Roth
    6. Successful secession and the value of international recognition 75
    Alex Green

    PART II: INTERNATIONAL PRACTICE
    PART II.1 DEMOCRACY AND DECLARATIONS
    7. Independence referendums in international law 92
    Daniel Moeckli and Nils Reimann
    8. Distinguishing between declarations of independence and secession 112
    Priya Urs
    PART II.2 CONSTITUTIONAL PROCESSES
    9. Scotland’s political and constitutional process: negotiating independence under a flexible constitution 128
    Silvia Suteu
    10. The secession question in Quebec 148
    Patrick Dumberry
    PART II.3 EXTRACONSTITUTIONAL PROCESSES
    11. Secession of Kosovo 167
    Jure Vidmar
    12. Extraconstitutional secession: the Catalan case and its future 183
    Pau Luque
    13. Secession in liberal-democratic contexts: lessons from Catalonia 201
    Pau Bossacoma Busquets
    PART II.4 DISSOLUTION OF STATES
    14. Dissolution of states 218
    Jure Vidmar
    15. The dissolution of the USSR 237
    Anne Østrup
    16. From velvet revolution to purple dissolution: dismantling of Czechoslovakia from above 256
    Tomas Dumbrovsky and Kristyna Urbanova
    PART II.5 CHANGING THE NARRATIVE: SPECIAL CASES
    17. Jordan and Palestine: union (1950) and secession (1988) 275
    Victor Kattan
    18. Seceding from failed states: reconsidering the case of Somaliland 293
    Sarah McGibbon
    PART II.6 REMEDIAL SECESSION
    19. Bangladesh and the right of remedial secession 312
    Abhimanyu George Jain

    PART III: CONSEQUENCES OF SECESSION
    20. The law of state succession: regulating the aftermath 331
    James Gerard Devaney
    21. Meaning(s) of illegality in secession processes 349
    Enrico Milano and Niccolò Zugliani

    Bibliography 366
    Index

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