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Title
Self-determination and secession : in between the law, theory and practice / Natalija Shikova.
ISBN
9783031343223 (electronic bk.)
3031343220 (electronic bk.)
9783031343216
3031343212
Published
Cham : Springer, [2023]
Copyright
©2023
Language
English
Description
1 online resource (ix, 277 pages)
Item Number
10.1007/978-3-031-34322-3 doi
Call Number
KZ1269
Dewey Decimal Classification
341.26
Summary
This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas as to whether there is a link between self-determination and secession are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture whether majority, minority or indigenous to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed August 4, 2023).
Available in Other Form
Print version: 9783031343216
Introduction
PART I SELF-DETERMINATION OF PEOPLES
Phases and developments of the concept of the self- determination of the peoples
The right holders of self-determination
Practicing the right to self-determination.-Ways and modalities for realization of the self determination
PART II SECESSION
The phenomenon of secession
The dynamics of secession
The legitimacy of the secession claims
The emergence of a secessionist entity
PART THREE: INTERNAL SELF-DETERMINATION
The internal aspect of the right to self-determination
The social base for realization of internal self-determination
Tools and forms for the realization of internal self-determination
Systems of power sharing
Part IV CONCLUSIONS
Self determination revisited.
