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Secession
By
Marcelo G. Kohen
Description
The end of the Cold War brought about
new secessionist aspirations and the strengthening and re-awakening
of existing or dormant separatist claims everywhere. The creation of
a new independent entity through the separation of part of the
territory and population of an existing State raises serious
difficulties as to the role of international law. This book offers a
comprehensive study of secession from an international law
perspective, focusing on recent practice and applicable rules of
contemporary international law. It includes theoretical analyses and
a scrutiny of practice throughout the world by eighteen distinguished
authors from Western and Eastern Europe, North and Sub-Saharan
Africa, North and Latin America, and Asia. Core questions are
addressed from different perspectives, and in some cases with
divergent views. The reader is also exposed to a far-reaching picture
of State practice, including some cases which are rarely mentioned
and often neglected in scholarly analysis of secession.
• Exhaustive analysis of a hotly
debated topic in international law • Examines the issues of
self-determination versus State unity • Devotes a section
entirely to secessionist practice in each region of the world
Contents
List of contributors; List of
abbreviations; Table of cases; Table of international instruments;
Table of national legislation; Foreword; Introduction Marcelo G.
Kohen; Part I. The Foundations of International Law and their Impact
on Secession: 1. Secession and self-determination Christian
Tomuschat; 2. Secession, terrorism and the right of
self-determination Andrew Clapham; 3. Secession and external
intervention Georg Nolte; 4. The role of recognition in the law and
practice of secession John Dugard and David Raic; 5. The state as a
\\\'primary fact\\\': some thoughts on the principle of effectiveness
Théodore Christakis; 6. A normative \\\'due process\\\' in the
creation of states through secession Antonello Tancredi; 7. Secession
and the law of state succession Andreas Zimmermann; 8. Are there gaps
in the international law of secession? Olivier Corten; Part II.
International and Domestic Practice: 9. The question of secession in
Africa Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo; 10.
International law and secession in the Asia and Pacific regions
Li-ann Thio; 11. Secession and international law: the European
dimension Photini Pazartzis; 12. Secession and international law:
Latin American practice Frida Armas Pfirter and Silvina González
Napolitano; 13. Lessons learned from the Quebec secession reference
before the Supreme Court of Canada Patrick Dumberry; 14. The
secession of the Canton of Jura in Switzerland Christian Dominicé;
Conclusions Georges Abi-Saab; Select bibliography.
Contributors
Marcelo G. Kohen, Christian Tomuschat,
Andrew Clapham, Georg Nolte, John Dugard, David Raic, Théodore
Christakis, Antonello Tancredi, Andreas Zimmermann, Olivier Corten,
Fatsah Ouguergouz, Djacoba Liva Tehindrazanarivelo, Li-ann Thio,
Photini Pazartzis, Frida Armas Pfirter and Silvina González
Napolitano, Patrick Dumberry, Christian Dominicé, Georges
Abi-Saab
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