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OverviewCombining 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. Full Product DetailsAuthor: Jure Vidmar , Sarah McGibbon , Lea RaiblePublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781788971744ISBN 10: 1788971744 Pages: 410 Publication Date: 16 December 2022 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsContents: List of contributors vii 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 Ostrup 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 Niccolo Zugliani Bibliography 366 IndexReviews'Conceptualizing a Handbook on secession in international law based on the contributions of many authors is a particularly daring exercise in view of a historically controversial nature of secession. The Handbook takes a broad view on the concept and thereby succeeds in bringing forward a holistic approach to secession, which approach is to be privileged in modern-day international scholarship.' -- Ineta Ziemele, Judge, CJEU, former Judge of the ECtHR and Latvian Constitutional Court ‘Conceptualizing a Handbook on secession in international law based on the contributions of many authors is a particularly daring exercise in view of a historically controversial nature of secession. The Handbook takes a broad view on the concept and thereby succeeds in bringing forward a holistic approach to secession, which approach is to be privileged in modern-day international scholarship.’ -- Ineta Ziemele, Judge, CJEU, former Judge of the ECtHR and Latvian Constitutional Court Author InformationEdited by Jure Vidmar, Professor of International Law, Department of International and European Law, Maastricht University, the Netherlands, Sarah McGibbon, Durham University and Lea Raible, Senior Lecturer in Public Law, School of Law, University of Glasgow, UK Tab Content 6Author Website:Countries AvailableAll regions |
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