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Secession in International Law: A New Framework

Secession in International Law: A New Framework

Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 9781785361210
Published In: August 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Secession in International Law argues that the effective development of criteria on secession is a necessity in today's world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply.

Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states' self-interest, as opposed to the law.

By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest. By comparing and contrasting various situations and cases of self-determination leading toward secession in different parts of the world, including the recent cases of Scotland, Crimea, and Catalonia, this book serves as an illuminating illustration of past and attempted secessions.

Sterio approaches her novel framework with the goal of reconciling the international law norm of territorial integrity with the right to external self-determination, proposing specific and useable guidelines.

This unique book will appeal not only to academic audiences, but to state actors, politicians, government members and policy makers as well.

Preface

Introduction

Part I History of Self-Determination and Secession

1. Self-Determination: Historical Underpinnings

2. Secession

3. Self-Determination, Secession, and Other International Law Norms (Statehood, Recognition, Sovereignty, Intervention, Territorial Integrity, and Uti Possidetis)

Part II: Comparative View of Secession Throughout the 20th-21st Centuries

4. Historically Remote Secessions

5. De Facto Secessions

6. Attempted Secessions

7. Successful Recent Secessions

Part III: Proposal for New Rules on Secession

8. Inadequacy of Existing International Law Rules

9. A Proposal for a New Framework on Secession

Conclusion

Bibliography

Index