Self-Determination in the International Legal System : : Whose Claim, to What Right? / / Tom Sparks.

• VerfasserIn: Sparks, Tom,
• Place / Publishing House: Oxford : : Hart Publishing,, 2023.
• Year of Publication: 2023
• Language: English
• Physical Description: 1 online resource (x, 267 pages)

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.

Table of Contents

1. A Struggle for Self-Determination: Whose Claim, to What Right? I. Introduction II. The Self-Determination Problem III. Four Forms of Self-Determination IV. Vocabulary and Categorisation: The Forms of Self-Determination and their Interrelation V. Conclusion 2. Self-Determination's Origins: 1320-1920 I. A Prehistory of Self-Determination? II. Self-Determination Takes Centre Stage: 1776 and 1789 III. The Age of Revolution and the Long Nineteenth Century - 1789-1920 IV. Conclusion 3. Self-Determination and Decolonisation: 1920-1970 I. Imperialism and Decolonisation II. First World War Rhetoric: Lenin and Wilson on Self-Determination III. The Mandates System IV. The United Nations and the Trusteeship System V. Self-Determination in the Law of the United Nations VI. Conclusion 4. Judicial Treatments of Self-Determination 1945-2004 I. Courts and Self-Determination II. Advisory Opinion on Namibia (South West Africa) III. The Western Sahara Advisory Opinion IV. Badinter Arbitration Commission V. East Timor VI. Katangese Peoples' Congress v Zaire VII. Reference Re Secession of Quebec VIII. The Wall Advisory Opinion IX. Conclusion 5. The Kosovo Advisory Opinion I. The Advisory Opinion II. The Court's Decision III. Kosovo Applied: Russian Rhetoric and the Invasions of Ukraine IV. Conclusion 6. The Chagos Archipelago Advisory Opinion I. The Advisory Opinion II. Self-Determination in the Chagos Advisory Opinion III. Disambiguation: A Continuing Failure of Definition IV. Conclusion 7. Interregnum.