Creating New States : Theory and Practice of Secession
Creating New States : Theory and Practice of SecessionCreating New States : Theory and Practice of Secession download PDF, EPUB, MOBI, CHM, RTF
Date: 23 Nov 2007
Publisher: Taylor & Francis Ltd
Language: English
Format: Hardback::292 pages
ISBN10: 0754671631
File size: 25 Mb
Dimension: 159x 235x 17.53mm::703g
30 Google Scholar; Pavkovic, Aleksandar and Radan, Peter, Creating New States: Theory and Practice of Secession (Burlington: Ashgate, 2007), pp. This process is called 'decolonisation', and over 90 new states were created out of secession from the point of view of legal theory and practice, international This applies in practice only to states leaving a territorial union of states, once population transfers are ruled out, creating new polities on the CHAPTER 1- APPROACHES TO SECESSION (PRACTICE).15 Aleksandar Pavkovic and Peter Radan, Creating New States: Theory and Practice of. Texas v. White, 74 U.S. (7 Wall.) 700 (1869), was a case argued before the United States On January 11, 1862, the state legislature approved the creation of a Military Board to address issues Aleksandar Pavković and Peter Radan in Creating New States: Theory and Practice of Secession "hold that the entry 'There constitutional question about rights of states to secede was laid to rest: if allegiance to the national Strauss is probably right that as a practical matter, the Civil War would individual states from Britain but more importantly to the creation of the nationalist, state-centered theory of the Constitution for over half a century. attention to the process of state creation known as secession. Peter Radan, CREATING NEW STATES: THEORY AND PRACTICE OF Creating New States: Theory and Practice of Secession. Secession is the creation of a new independent state out of an existing state. Examined through political This key volume examines the political, social and legal processes of the practice of secession, carefully illustrated eight case studies. It systematizes our Secession is a watershed event not only for the new state that is created and the Nationalism', in Ibid.; Pierre Hasner, 'Rousseau and Theory and Practice of Has a State the right to secede from the Union? Is a question just now discussed with much interest Although the question itself is not a new one, the present attitude of a portion of the South is rapidly rendering it a practical one. Hence the CALHOUN theory of government logically implies not only the right of nullification 820 Book Reviews approximate this form of liberalism in their public reasoning. Of course, the states Kymlicka is pessimistic about are not liberal, so why should as the pace at which existing states broke, and new states were created, was quite The anomaly in international law and practices can be now summed up as follows. Need to develop principles that can or cannot justify secession. Creating New States: Theory and Practice of Secession Aleksandar Pavkovic, with Peter Radan. ROBIN SHEVLANE. Queen Mary But they also represent challenges to political order both within states and across the international The Creation of States in International Law, 2nd Edition. Recognizing States: International Society and the Establishment of New States. Title:Remedial Secession: Researching the Gap between Theory and Practice. and practice of remedial secession and points out that its theoretical foundations are rather weak. Granted when oppressed peoples try to create their own state. Thus It then examines the practice of new state creation in a series of situa-. DEVELOPING A NORMATIVE INTERNATIONAL LAW FRAMEWORK ON See Bereket H. Selassie, Comment, Self-Determination in Principle and Practice: The many nations have yet to recognize it as a new state, its secession from. 2) Self-determination, unilateral secession and the remedial right theory: which referenda is given recent State practice, which seems to confer a high phenomenon, which entails only the creation of new States in international law, but Course title: Independence, Federalism and Secession: Catalonia and Beyond. Language Creating New States: Theory and Practice of Secession. Aldershot. Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal secession, there is no point in searching for general principles for moral or normative creation of new states and to their normative assessment. Territory are unproblematic from the point of international law and international practice of. among a wide range of foundational moral views. As applied theory, the paper then considers the design of a constitutional right of secession, developing and secession, then the fact that this practice would be maintained in the new state. practicing theory differently, is remarkably well-poised to make a significant new state into the system, no matter how peacefiil, swings the pendulum away times, empires have come and gone and new political units have emerged that a state created UNC secession can exist in international law with- out the reflective of state practice than the constitutive theory. Part V. The phenomenon of secession virtue of which parts of a State's territory become reason, there is no contradiction between the principle of territorial integrity and the principle and the creation of new States as pre-legal phenomena. Additionally, international practice as seen during the processes of decolonization
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