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Vol 23 No 5 May/June 2018

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Secession and International Law: Conflict Avoidance - Regional Appraisals

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Edited by: Julie Dahlitz

ISBN13: 9789067041423
ISBN: 9067041424
Published: March 2004
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £65.99

Despatched in 7 to 9 days.

In this volume the contributors focus on the issues of the legality or otherwise of the aspiration to secede in defined situations, as well as the appropriate means by which secessionist aims may be pursued or resisted. To dispel resentment, all cases must be judged by the same criteria, while variations in treatment due to factual differences have to be on the basis of clear distinctions made on equitable grounds. Even if not uniformly enforceable, they must be universally applicable. What should be those criteria? At present there is only partial consensus on the issues. Consequently, the Consortium on International Dispute Resolution (CIDIR) initiated a series of regional conferences on the subject of Secession and International Law, in collaboration with a number of the most prestigious institutes of international law and international relations on four continents. The contents of this volume are based on the results of those conferences.

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1. Participating institutes
Part I. Secession in Society and Law:
2. Self-determination and secession Judge Rosalyn Higgins
3. Order, stability and political reality J. Holmes Armstead
4. Self-determination and secession: the jurisprudence of international human rights tribunals Dinah Shelton
Part II. Fundamental Legal Concepts:
5. Ongoing global legal debate on Self-Determination and secession: main trends Stanislav V. Chernichenko and Vladimir S. Kotliar
6. A legal basis for secession: relevant principles and rules John Dugard
7. Secession and the ban on the use of force: some reflections Nico Schrijver
Part III. Evolving Principles:
8. Territorial integrity and secession: the dialectics of international order W. E. Butler
9. Sovereignty and secession: then and now, here and there Rein Miillerson
Part IV. Specific Issues:
10. Quebec's right to secessionist self-determination: the colliding paths of Canada's Clarity Act and Quebec's Fundamental Rights Act Daniel Turp
11. Secession in North America: the United States and Puerto Rico J. L. A. de Passalaqua
12. Latin America: self-determination, minorities, indigenous people, stability of borders and problems of secession Fernando Flores
13. The role of recognition and non-recognition with respect to secession:
14. Notes on some relevant issues Malcolm N. Shaw
Conclusions and recommendations
Notes on the authors
Abbreviations and acronyms.