Self-Determination in the International Legal System Whose Claim, to What Right?
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 internal and external self-determination is not helpf...
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| Main Author: | |
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| Format: | Electronic Book Chapter |
| Language: | English |
| Published: |
London
Bloomsbury Academic
2023
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| Subjects: | |
| Online Access: | OAPEN Library: download the publication OAPEN Library: download the publication OAPEN Library: description of the publication |
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| Summary: | 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 internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is 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. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht. |
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| Physical Description: | 1 electronic resource (280 p.) |
| ISBN: | 9781509945092 9781509945085 |
| Access: | Open Access |