Secession and Statehood

This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law.

Secession and Statehood

This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms – such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.

More Books:

Secession and Statehood
Language: en
Pages: 268
Authors: Ana Gemma López Martín, José Antonio Perea Unceta
Categories: Law
Type: BOOK - Published: 2021-09-09 - Publisher: Routledge

This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing
On the Way to Statehood
Language: en
Pages: 177
Authors: Aleksandar Pavković, Peter Radan
Categories: Political Science
Type: BOOK - Published: 2008 - Publisher: Ashgate Publishing, Ltd.

This collection explores the changes that the current international order has brought to the theory and practice of recognition of secessionist claims and to the conditions for secessionist mobilization. The contributors employ comparative analysis within legal, international relations and political science frameworks and examine several recent attempts at secession.
Secession, Recognition & the International Politics of Statehood
Language: en
Pages: 398
Authors: Bridget L. Coggins
Categories: Civil war
Type: BOOK - Published: 2006 - Publisher:

Abstract: New States universally seek the recognition of their peers. Indeed, a critical mass of external recognition is required for full membership in the international community of States. Statesmen however, often disagree about what constitutes a legitimate claim to Statehood. In this project, I argue that the international legal criteria
Secession, Statehood and the Recognition of Kosovo
Language: en
Pages: 64
Authors: Kushtrim Istrefi
Categories: Civil war
Type: BOOK - Published: 2010-07 - Publisher: LAP Lambert Academic Publishing

On 17 February 2008 the Kosovo Assembly voted unanimously in favor of declaring the independence of the Republic of Kosovo. Although Kosovo s Government coordinated every step with the International Community, the unilateral declaration of Independence made the process of the creation of the State of Kosovo into a secessionist
Recognizing Secession
Language: en
Pages: 232
Authors: Deborah Klosko
Categories: Recognition (International law)
Type: BOOK - Published: 2009 - Publisher:

Books about Recognizing Secession