Secession: International Law Perspectives

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Marcelo G Kohen, Marcelo G. Kohen
Cambridge University Press, Mar 21, 2006 - Law - 510 pages
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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 practice and applicable rules of 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.
 

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Contents

Introduction
1
Secession and selfdetermination
23
Secession terrorism and the right
46
Secession and external intervention
65
The role of recognition in the law and practice
94
some thoughts on the principle
138
A normative due process in the creation of States
171
Secession and the law of State succession
208
Are there gaps in the international law of secession?
231
The question of secession in Africa
257
International law and secession in the Asia
297
the European
355
Latin American
374
Lessons learned from the Quebec Secession Reference
416
The Secession of the Canton of Jura in Switzerland
453
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