Documents on Autonomy and Minority Rights


Book Description

The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.







Self-Determination of Peoples


Book Description

The definitive study of the doctrine of self-determination of peoples.




Modern Law of Self-Determination


Book Description

Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.







Self-Determination, Statehood, and the Law of Negotiation


Book Description

From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.




The Right to Self-determination Under International Law


Book Description

Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.




International Law


Book Description

The third edition of International Law: Cases and Materials with Australian Perspectives examines how international law is developed, implemented and interpreted.




Asian Yearbook of International Law, Volume 20 (2014)


Book Description

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.




Decisions of the World Court Relevant to the UN Convention on the Law of the Sea


Book Description

This pioneering publication provides a Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.