Statehood and the Law of Self-Determination

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Martinus Nijhoff Publishers, 25 de set. 2002 - 495 pàgines
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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Continguts

INTRODUCTION
1
THE CONCEPTS OF SUBJECT OF LAw
9
Conclusion
18
S3 Recognition of States and the acquisition of international
28
Collective implied constitutive and obligatory recognition
39
Conclusions
48
The traditional criteria for statehood
58
Recognition and the traditional criteria for statehood
82
selfdetermination
210
raison detre and core meaning
220
Internal and External
226
3 The subject of internal selfdetermination
242
Internal selfdetermination as a right under international law
272
meaning
289
Conclusions and observations
305
3 Acknowledgment of a right of secession
313

The Obligation of NonRecognition
89
The meaning of the doctrine of obligatory nonrecognition
105
The origin and development of the doctrine of obligatory
113
b The South African Homeland territories
134
6 The character of the legal norms involved
141
7 The legal basis of the obligation of nonrecognition
150
Limits to the obligation of nonrecognition
158
Nonrecognition and the European Community Declaration
165
The Emergence and Development of
171
3 From a political principle to a legal right
177
c Entitlement to unilateral secession?
361
the norms of territorial integrity and secession
394
Statehood
401
The proper subject of the right of unilateral secession as
425
Conclusions
437
3 The law of selfdetermination
443
Statehood and selfdetermination
449
Table and Index of Cases
481
Copyright

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