Self-determination and humanitarian secession in international law of a globalized world :
General Material Designation
[Book]
Other Title Information
Kosovo v. Crimea /
First Statement of Responsibility
Juan Francisco Escudero Espinosa.
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Cham, Switzerland :
Name of Publisher, Distributor, etc.
Springer,
Date of Publication, Distribution, etc.
2018.
PHYSICAL DESCRIPTION
Specific Material Designation and Extent of Item
1 online resource
INTERNAL BIBLIOGRAPHIES/INDEXES NOTE
Text of Note
Includes bibliographical references.
CONTENTS NOTE
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Intro; Preface; Contents; Abbreviations; Table of Case Law; Table of Documents of International Organizations and Associations; Table of National Laws; Table of Treaties and International Texts; Chapter 1: Introduction; References; Part I: Self-Determination and Secession Versus Territorial Integrity in International Law; Chapter 2: The Recognition of the Right to Self-Determination in International Law; 2.1 Self-Determination Under the Charter of the United Nations; 2.1.1 Origins of the Idea of Self-Determination; 2.1.2 The Principle of Self-Determination in the Charter of the United Nations
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2.1.3 The Right to Self-Determination in the Era of Decolonization2.2 The Right to Self-Determination After the End of Decolonization; 2.2.1 The Right to Self-Determination as a Norm of jus cogens; 2.2.2 The Scope of the Right and the Notion of a People; 2.3 The Extent and Limitations of the Principle of Territorial Integrity; 2.4 Towards a Definition of the Right to Self-Determination; References; Chapter 3: The Right to Self-Determination and Unilateral Secession; 3.1 The Absence of a Prohibition on Unilateral Secession in International Law
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3.1.1 The Neutrality of International Law Toward Unilateral Secession3.1.2 Unilateral Secession as a Fact and Presumptions in Favour of the State; 3.2 The Scope of Unilateral Declarations of Independence and Their Effectiveness; 3.3 The Wrongfulness of Secession Under Certain Circumstances; References; Part II: The Independence of Kosovo and Crimea in the Light of Contemporary International Law; Chapter 4: Kosovoś Long Road to Independence in 2008; 4.1 The Disintegration of the Yugoslav State and Demands for Autonomy; 4.1.1 Albano-Kosovar Reactions to Repression
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4.1.2 The Outbreak of Internal Armed Conflict4.1.3 Regional Action Seeking Peaceful Resolution of the Conflict; 4.2 The Humanitarian Crisis and the Use of Force by NATO in 1999; 4.2.1 The Humanitarian Crisis and the Recrudescence of Armed Conflict; 4.2.2 Resort to Force by NATO; 4.2.3 Russian Opposition and the Consequences of Intervention; 4.2.4 Administration of Kosovo as a Premise for the Unilateral Declaration of Independence; References; Chapter 5: The Crimeaś Declaration of Independence and Annexation to Russia in 2014; 5.1 Calls for Independence and the Crisis of the Ukrainian State
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5.1.1 The Evolution of the Crimean Oblast into the Autonomous Republic of Crimea5.1.2 The Intricate Relationship Between Russia and the Ukraine; 5.1.3 The Outbreak of Generalized Conflict in the Ukraine; 5.2 Russiaś Intervention in Crimea; 5.2.1 The Russian Military Presence in Crimea; 5.2.2 The Holding of a Referendum and the Ensuing Declaration of Independence; 5.2.3 The Accession of Crimea to the Russian Federation; References; Chapter 6: The Legality of the Secessions of Kosovo and Crimea; 6.1 Interventions by NATO in Kosovo and Russia in Crimea
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SUMMARY OR ABSTRACT
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This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.