Statehood and the Law of Self-Determination

Naslovnica
Martinus Nijhoff Publishers, 25. ruj 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.
 

Sadržaj

THE CONCEPTS OF SUBJECT OF LAW
9
THE STATE AS AN INTERNATIONAL LEGAL PERSON
19
3 Recognition of States and the acquisition of international
28
Collective implied constitutive and obligatory recognition
39
6 Conclusions
48
The traditional criteria for statehood
57
Recognition and the traditional criteria for statehood
82
57
102
selfdetermination
210
raison dêtre and core meaning
220
Introduction
226
S3 The subject of internal selfdetermination
242
S2 The prohibition of premature recognition
248
S4 Internal selfdetermination as a right under international law
272
meaning
289
7 Conclusions and observations
305

The meaning of the doctrine of obligatory nonrecognition
105
74
108
The origin and development of the doctrine of obligatory
113
The character of the legal norms involved
141
233
143
The legal basis of the obligation of nonrecognition
150
21
155
Nonrecognition and the European Community Declaration
165
THE EMERGENCE AND DEVELOPMENT OF
171
25
176
S3 From a political principle to a legal right
177
Acknowledgment of a right of secession
313
39
359
Cumulative criteria for a right of unilateral secession
366
the norms of territorial integrity and secession
394
STATEHOOD
401
S4 The proper subject of the right of unilateral secession as
425
PRÉCIS
439
Statehood and selfdetermination
449
Table and Index of Cases
481
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