Administrative / Constitutional Law

Autonomy and Self-Determination: Between Legal Assertions and Utopian Aspirations

By Peter Hilpold
Edward Elgar Publishing April 2018

Specifications

ISBN-13
9781788111706
Publisher
Edward Elgar Publishing
Publication
April 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.

Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland.

The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.

This insightful book is an invaluable read for international lawyers and well as political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of a historical context, making it also a useful tool for European history scholars.

Table of Contents

1. Introduction Peter Hilpold
2. Self-determination and autonomy - Self-determination and Autonomy: Between Secession and internal self-determination Peter Hilpold
3. The Relevance of Democratic Principles to the Self-Determination Norm Brad Roth
4. Self-Determination and Secession: Similarities and Differences Rein Mullerson
5. The Referendum as an Instrument for the Resolution of Territorial Disputes and for the Exercise of Self-Determination Markku Suksi
6. Secession as a new constitutional problem: the question of independence in autonomy systems Ulrike Haider-Quercia
7. "Conscious uncoupling" - Legal Aspects of Scot Independence Hannes Hofmeister and Belen Olmos
8. Autonomy and Self-determination in Spain: Catalonia's claims for Independence from the Perspective of International Law Eugenia Lopez-Jacoiste
9. Autonomy and Self-determination in Spain - the constitutional perspective Xabier Arzoz
10. Italian Approaches to Self-determination: Theory and Practice Antonello Tancredi
11. The Kurds between discrimination, autonomy and self-determination Stefan Oeter
12. The Principle of Autonomy, the Right to Self-Determination and the Case of Quebec Daniel Turp and Anthony Beausejour
Index
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