Secession: International Law Perspectives

Cambridge University Press, 3/21/2006
EAN 9780521849289, ISBN10: 0521849284

Hardcover, 548 pages, 22.9 x 15.2 x 3 cm
Language: English

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.

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.