-PDF Download- Secession And Statehood EBOOK

Secession and Statehood

Author: Ana Gemma López Martín

Publisher: Routledge

Published: 2021-09-08

Total Pages: 193

ISBN-13: 1000430693

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.

Seceding from Secession

Author: Eric J. Wittenberg

Publisher: Savas Beatie

Published: 2020-06-09

Total Pages: 290

ISBN-13: 1611215072

DOWNLOAD EBOOK →

A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Secession and State Creation

Author: James Ker-Lindsay

Publisher: Oxford University Press

Published: 2022

Total Pages: 201

ISBN-13: 0190494050

DOWNLOAD EBOOK →

What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.

Secession and the Sovereignty Game

Author: Ryan D. Griffiths

Publisher: Cornell University Press

Published: 2021-05-15

Total Pages: 246

ISBN-13: 1501754769

DOWNLOAD EBOOK →

Secession and the Sovereignty Game offers a comprehensive strategic theory for how secessionist movements attempt to win independence. Combining original data analysis, fieldwork, interviews with secessionist leaders, and case studies on Catalonia, the Murrawarri Republic, West Papua, Bougainville, New Caledonia, and Northern Cyprus, Ryan D. Griffiths shows how the rules and informal practices of sovereign recognition create a strategic playing field between existing states and aspiring nations that he terms "the sovereignty game." To win sovereign statehood, all secessionist movements have to maneuver on the same strategic playing field while varying their tactics according to local conditions. To obtain recognition, secessionist movements use tactics of electoral capture, nonviolent civil resistance, and violence. To persuade the home state and the international community, they appeal to normative arguments regarding earned sovereignty, decolonization, the right to choose, inherent sovereignty, and human rights. The pursuit of independence can be enormously disruptive and is quite often violent. By advancing a theory that explains how sovereign recognition has succeeded in the past and is working in the present, and by anticipating the practices of future secessionist movements, Secession and the Sovereignty Game also prescribes solutions that could make the sovereignty game less conflictual.

On the Way to Statehood

Author: Peter Radan

Publisher: Routledge

Published: 2017-05-15

Total Pages: 310

ISBN-13: 1351913697

DOWNLOAD EBOOK →

The present international order is characterized by the rapid globalization of economic activity, by systematic attempts to coordinate state responses to the outbreaks of violence and by unilateral military interventions against sovereign states either by the USA or by one of its regional allies. 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 volume examines how independence movements achieve legitimacy amongst both their target populations and outside states, and how the forces of increasing economic globalization and political interdependence impact on secessionist mobilization. It addresses how the outside states recognize the independence of new states and whether the claims to independent statehood can be justified within normative theories of secession and international law. These issues are explored both through comparative analysis within legal, international relations and political science frameworks and through an examination of several recent attempts at secession.

Statehood and Self-Determination

Author: Duncan French

Publisher: Cambridge University Press

Published: 2013-02-21

Total Pages: 585

ISBN-13: 1107029333

DOWNLOAD EBOOK →

This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

Regional Politics and State Secession

Author: Nelson, Elizabeth A.

Publisher: Edward Elgar Publishing

Published: 2021-09-14

Total Pages: 200

ISBN-13: 1839103779

DOWNLOAD EBOOK →

While a number of movements seek state secession, the majority never achieves internationally recognized statehood. Paradoxically, some movements that have succeeded have had weaker claims to statehood than many movements that have failed. Regional Politics and State Secession seeks to explain the variation in outcomes for secessionist movements. Why do some movements succeed when so many fail?

The Constitutional Origins of the American Civil War

Author: Michael F. Conlin

Publisher: Cambridge University Press

Published: 2019-07-18

Total Pages: 351

ISBN-13: 1108495273

DOWNLOAD EBOOK →

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

Secession

Author: Marcelo G. Kohen

Publisher: Cambridge University Press

Published: 2006-03-21

Total Pages: 560

ISBN-13: 9780521849289

DOWNLOAD EBOOK →

This book is a comprehensive study of secession from an international law perspective.

Unrecognized States and Secession in the 21st Century

Author: Martin Riegl

Publisher: Springer

Published: 2017-05-27

Total Pages: 225

ISBN-13: 3319569139

DOWNLOAD EBOOK →

This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.