Statehood and the Law of Self-Determination
Martinus Nijhoff Publishers, 2002 - Broj stranica: 495
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
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THE CONCEPTS OF SUBJECT OF LAW
Recognition of States and the acquisition of international
Collective implied constitutive and obligatory recognition
The traditional criteria for statehood
Recognition and the traditional criteria for statehood
From a political principle to a legal right
raison detre and core meaning
INTERNAL AND EXTERNAL
The subject of internal selfdetermination
Internal selfdetermination as a right under international law
Conclusions and observations
THE OBLIGATION OF NONRECOGNITION
3 The meaning of the doctrine of obligatory nonrecognition
The origin and development of the doctrine of obligatory
The prohibition of premature recognition
The character of the legal norms involved
The legal basis of the obligation of nonrecognition
9 Limits to the obligation of nonrecognition
on the Guidelines on the Recognition of New States
THE EMERGENCE AND DEVELOPMENT OF
c Entitlement to unilateral secession?
the norms of territorial integrity and secession
The proper subject of the right of unilateral secession as
3 The law of selfdetermination
Statehood and selfdetermination
ingentaconnect D. Raic, Statehood and the Law of Self-Determination
Statehood and the Law of Self-Determination. Author: Klabbers J. Source: International Journal on Minority and Group Rights, Volume 10, Number 2, 2004 , pp. ...
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Statehood and the Law of Self-Determination - BRILL
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Dealing with Diversity in International Law: Self-determination ...
David Raic, Statehood and the Law of Self-Determination (The Hague: Kluwer Law. International 2002). A. BSTRACT. The contradiction between the principles of ...
web.mmc.edu.cn/ shekebu/ faxue/ legal%20english/ LinkedDocuments/ Dealing%20with%20diversity%20in%20International%20law.pdf
STATES & NATIONS
Raic, David, Statehood and the Law of Self-Determination (Kluwer Law International,. The Hague, New York: 2002), pp. 177-225. ...
www.pol.mq.edu.au/ PDFs/ 06-Unit%20Outline%20POL342.pdf
THE RIGHT TO SELF-DETERMINATION IN INTERNATIONAL LAW
rh Jackson cited in Raic, David, Statehood and the Law of Self-Determination, The Hague, 2002, p. 203. Page 6. 6. The aim of this essay is to find out which ...
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INDIGENOUS PEOPLES’ RIGHT TO SELF–DETERMINATION AND DEVELOPMENT POLICY
INDIGENOUS PEOPLES’ RIGHT TO SELF–DETERMINATION. AND. DEVELOPMENT POLICY. FRANCESCA PANZIRONI. Thesis submitted to fulfil the requirements for the award of ...
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