Self-Determination in the International Legal System : : Whose Claim, to What Right? / / Tom Sparks.
This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpf...
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Place / Publishing House: | Oxford : : Hart Publishing,, 2023. |
Year of Publication: | 2023 |
Language: | English |
Physical Description: | 1 online resource (x, 267 pages) |
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Other title: | Self-Determination in the International Legal System |
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Summary: | This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by Max-Planck-Institut für ausländisches offentliches Recht und Volkerrecht. |
ISBN: | 150994513X |
Access: | Open access. Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 license (CC BY-NC-ND 3.0). |
Hierarchical level: | Monograph |
Statement of Responsibility: | Tom Sparks. |