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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?

Name: Self-Determination in the International Legal System: Whose Claim to What Right?
Brand: Hart Publishing
SKU: 9781509945139
Price: 542.10 HKD
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Author: Thomas Sparks
ISBN: 9781509945139

By Thomas Sparks

Hart Publishing August 2024

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ISBN-13: 9781509945139
Publisher: Hart Publishing
Publication: August 2024
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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

I. Imperialism and Decolonisation

II. First World War Rhetoric: Lenin and Wilson on Self-Determination

III. The Mandates System

IV. The United Nations and the Trusteeship System

V. Self-Determination in the Law of the United Nations

VI. Conclusion

4. Judicial Treatments of Self-Determination 1945–2004

I. Courts and Self-Determination

II. Advisory Opinion on Namibia (South West Africa)

III. The Western Sahara Advisory Opinion

IV. Badinter Arbitration Commission

V. East Timor

VI. Katangese Peoples' Congress v Zaire

VII. Reference Re Secession of Quebec

VIII. The Wall Advisory Opinion

IX. Conclusion

5. The Kosovo Advisory Opinion

I. The Advisory Opinion

II. The Court's Decision

III. Kosovo Applied: Russian Rhetoric and the Invasions of Ukraine

IV. Conclusion

6. The Chagos Archipelago Advisory Opinion

I. The Advisory Opinion

II. Self-Determination in the Chagos Advisory Opinion

III. Disambiguation: A Continuing Failure of Definition

IV. Conclusion

7. Interregnum

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

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Table of Contents

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