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Self-Determination in the International Legal System: Whose Claim, to What Right?

Self-Determination in the International Legal System: Whose Claim, to What Right?

Author: Thomas Sparks
Publisher: Hart Publishing
ISBN: 9781509945061

Published In: January 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945139

List Price: ¥21,492.90

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This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of international and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: polity-based, identitarian, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which they are based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law.

1. A Struggle for Self-Determination: Whose Claim, to What Right?

I. Introduction

II. The Self-Determination Problem

III. Four Forms of Self-Determination

IV. Vocabulary and Categorisation: The Forms of Self-Determination and their Interrelation

V. Conclusion

2. Self-Determination's Origins: 1320–1920

I. A Prehistory of Self-Determination?

II. Self-Determination Takes Centre Stage: 1776 and 1789

III. The Age of Revolution and the Long Nineteenth Century – 1789–1920

IV. Conclusion

3. Self-Determination and Decolonisation: 1920–1970