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Research Handbook on Secession

Edited by: Jure Vidmar, Sarah McGibbon, Lea Raible

ISBN13: 9781788971744
Published: December 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £198.00



Despatched in 4 to 6 days.

Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics.

Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward.

This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.

Subjects:
Constitutional and Administrative Law
Contents:
Acknowledgements xi

1. Introduction to the Research Handbook on Secession 1
Jure Vidmar, Lea Raible and Sarah McGibbon

PART I: CONCEPTUALISING THE STATE
2. State creation and the concept of statehood in international law 13
Jure Vidmar and Lea Raible
3. The law of statehood as a constellation of hybrids 29
Jean d’Aspremont
4. The principle of territorial integrity 42
James Summers
5. Self-determination short of secession 59
Brad R Roth
6. Successful secession and the value of international recognition 75
Alex Green

PART II: INTERNATIONAL PRACTICE
PART II.1 DEMOCRACY AND DECLARATIONS
7. Independence referendums in international law 92
Daniel Moeckli and Nils Reimann
8. Distinguishing between declarations of independence and secession 112
Priya Urs
PART II.2 CONSTITUTIONAL PROCESSES
9. Scotland’s political and constitutional process: negotiating independence under a flexible constitution 128
Silvia Suteu
10. The secession question in Quebec 148
Patrick Dumberry
PART II.3 EXTRACONSTITUTIONAL PROCESSES
11. Secession of Kosovo 167
Jure Vidmar
12. Extraconstitutional secession: the Catalan case and its future 183
Pau Luque
13. Secession in liberal-democratic contexts: lessons from Catalonia 201
Pau Bossacoma Busquets
PART II.4 DISSOLUTION OF STATES
14. Dissolution of states 218
Jure Vidmar
15. The dissolution of the USSR 237
Anne Østrup
16. From velvet revolution to purple dissolution: dismantling of Czechoslovakia from above 256
Tomas Dumbrovsky and Kristyna Urbanova
PART II.5 CHANGING THE NARRATIVE: SPECIAL CASES
17. Jordan and Palestine: union (1950) and secession (1988) 275
Victor Kattan
18. Seceding from failed states: reconsidering the case of Somaliland 293
Sarah McGibbon
PART II.6 REMEDIAL SECESSION
19. Bangladesh and the right of remedial secession 312
Abhimanyu George Jain

PART III: CONSEQUENCES OF SECESSION
20. The law of state succession: regulating the aftermath 331
James Gerard Devaney
21. Meaning(s) of illegality in secession processes 349
Enrico Milano and Niccolò Zugliani

Bibliography 366
Index