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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： Thomas Sparks
出版商： Hart Publishing
ISBN: 9781509945139
出版时间 August 2024
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509945061

List Price: AU$99.56

AU$96.57 Save AU$2.99 (3%)

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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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