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Vol 23 No 4 April/May 2018

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Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
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The Ashgate Research Companion to Secession

ISBN13: 9780754677024
Published: November 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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Secession is a detachment of a territory from an existing state with the aim of creating a new state on the detached territory. Secession is usually an outcome of the political mobilization of a population on the territory to be detached and, as a political phenomenon, is a subject of study in the social sciences.

Its impact on inter-state relations is a subject of study in international relations. But secession is also subject to regulation both in the constitutional law of sovereign states and in international law. Following a spate of secessions in the early 1990s, legal scholars have proposed a variety of ways to regulate the international responses to attempts at secessions.

Moreover, since the 1980s normative justification of secession has been subject to an intense debate among political theorists and moral philosophers.

This research companion has the following three complementary aims. First, to offer an overview of the current theoretical approaches to secession in the social sciences, international relations, legal theory, political theory and applied ethics. Second, to outline the current practice of international recognition of secession and current domestic and international laws which regulate secession.

Third, to offer an account of major secessionist movements - past and present - from a comparative perspective. In their accounts of past secessions and current secessionist movements, the contributors to this volume focus on the following four components: the nature and source of secessionist grievances, the ideologies and techniques of secessionist mobilization, the responses of the host state or majority parties in the host state, and the international response to attempts at secession.

This provides a basis for identification of at least some common patterns in the otherwise highly varied processes of secession.

Public International Law
Introduction: what is secession?

Part I Secession: Principal Aspects: Secession and international order
The history of secession: an overview
Explaining secession
Changing borders by secession: normative assessment of territorial claims.

Part II Secessions: Past and Present: Introduction
An attempt at secession from an early nation-state: the Confederate States of America
UN principle of self-determination and secession from decolonized states
Constitutional politics of secession: travelling from Quebec to Montenegro (and back?)
Secession as a way of dissolving federations: the USSR and Yugoslavia
Kosovo: a secession under UN supervision.

Part III Secession in Context: Introduction
Secession from an economic perspective: what is living and what is dead in the economic theories of secession
Secession and ethnic conflict
Secession and political violence
International involvement in secessionist conflict: from the 16th century to the present
International relations of secession
Secession and contested states.

Part IV Secession: Legal Perspectives: Introduction
Secession and territorial borders: the role of law
International law and the right of unilateral secession
Secession in constitutional law
To constitutionalize or not? Secession as materiae constitutionis
Secession and state succession.

Part V Secession: Normative Approaches: Introduction
Internal self-determination
Remedial theories of secession
Choice theories of secession
Secession and domination
The right to secede: do we really need it?.

Part VI Secessions and Secessionist Movements in the World: Introduction
Asia: Aceh: the secession that never was
Bangladesh: a secession aided by military intervention
Kashmir: separatism as possible trigger for inter-state conflict?
Separatism in Mindanao
Myanmar/Burma: secession and the ethnic conundrum
Singapore: expulsion or negotiated secession
Taiwan-China: a case of secession or a divided nation?
Tibet: secession based on the collapse of an imperial overlord
West Papua: secessionism and/or failed decolonization?. Africa: Eritrea
a belated post-colonial secession
Somaliland: an escape from endemic violence
Southern Sudan: a case of secession in the making?
Europe: Basque secession: from bullets to ballots
Peaceful secessions: Norway, Iceland, Slovakia
Scotland's independence
The Serb Krajina: an unsuccessful secession from Croatia. Rest of the World: Abhkazia, South Ossetia, and Transdniestria: secessions in the post-Soviet space
Chechnya: a military suppression of secession at a cost
Kurdistan: a suspended secession from Iraq
Yemen: the resurgent secessionism of the south