Statehood and Self-Determination


Book Description

This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.




Secession and the Sovereignty Game


Book Description

Secession and the Sovereignty Game offers a comprehensive strategic theory for how secessionist movements attempt to win independence. Combining original data analysis, fieldwork, interviews with secessionist leaders, and case studies on Catalonia, the Murrawarri Republic, West Papua, Bougainville, New Caledonia, and Northern Cyprus, Ryan D. Griffiths shows how the rules and informal practices of sovereign recognition create a strategic playing field between existing states and aspiring nations that he terms "the sovereignty game." To win sovereign statehood, all secessionist movements have to maneuver on the same strategic playing field while varying their tactics according to local conditions. To obtain recognition, secessionist movements use tactics of electoral capture, nonviolent civil resistance, and violence. To persuade the home state and the international community, they appeal to normative arguments regarding earned sovereignty, decolonization, the right to choose, inherent sovereignty, and human rights. The pursuit of independence can be enormously disruptive and is quite often violent. By advancing a theory that explains how sovereign recognition has succeeded in the past and is working in the present, and by anticipating the practices of future secessionist movements, Secession and the Sovereignty Game also prescribes solutions that could make the sovereignty game less conflictual.




Seceding from Secession


Book Description

A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.




The Constitutional Origins of the American Civil War


Book Description

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.




Secession


Book Description

This book is a comprehensive study of secession from an international law perspective.




International Law in Domestic Courts


Book Description

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.




Unrecognized States and Secession in the 21st Century


Book Description

This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.




Secession and State Creation


Book Description

What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.




Secession and Security


Book Description

In Secession and Security, Ahsan I. Butt argues that states rather than separatists determine whether a secessionist struggle will be peaceful, violent, or genocidal. He investigates the strategies, ranging from negotiated concessions to large-scale repression, adopted by states in response to separatist movements. Variations in the external security environment, Butt argues, influenced the leaders of the Ottoman Empire to use peaceful concessions against Armenians in 1908 but escalated to genocide against the same community in 1915; caused Israel to reject a Palestinian state in the 1990s; and shaped peaceful splits in Czechoslovakia in 1993 and the Norway-Sweden union in 1905. Butt focuses on two main cases—Pakistani reactions to Bengali and Baloch demands for independence in the 1970s and India's responses to secessionist movements in Kashmir, Punjab, and Assam in the 1980s and 1990s. Butt's deep historical approach to his subject will appeal to policymakers and observers interested in the last five decades of geopolitics in South Asia, the contemporary Israeli-Palestinian conflict, and ethno-national conflict, separatism, and nationalism more generally.




Secession in International Law


Book Description

Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.