Statehood and the Law of Self-DeterminationMartinus 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 |
481 | |
Ostala izdanja - Prikaži sve
Uobičajeni izrazi i fraze
Abkhazia according African Apartheid applicable Article Assembly autonomy Bangladesh Bantustan Bosnia-Herzegovina Cassese Chapter claim to statehood Commission concept concerned conflict Constitution context Crawford creation criteria for statehood Croatia Cyprus decolonization democratic determination discussed doctrine Dugard effective government emphasis added established ethnic exercise existence fact federal Friendly Relations Declaration fundamental human rights ICCPR illegal infra internal self-determination international community international law international legal jus cogens Manchukuo minority Namibia norm obligation of non-recognition Opinion peace population principle of self-determination proclamation of independence prohibition qualified question recognition recognized referred regard régime relevant Republic respect result right of external right of secession right of self-determination rule of international secession Section Security Council Serbian Serbs SFRY situation Slovenia South Africa Southern Rhodesia sovereignty Soviet Union supra note t]he territorial integrity tion Treaty Turkish UN Doc unilateral secession United Nations uti possidetis violation Western Sahara Yugoslav Yugoslavia