Publisher Description

The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

Author Biography

Marcelo G. Kohen is Professor of International Law at the Graduate Institute of International Studies, Geneva.

Table of Contents

List of contributors; List of abbreviations; Table of cases; Table of international instruments; Table of national legislation; Foreword; Introduction Marcelo G. Kohen; Part I. The Foundations of International Law and their Impact on Secession: 1. Secession and self-determination Christian Tomuschat; 2. Secession, terrorism and the right of self-determination Andrew Clapham; 3. Secession and external intervention Georg Nolte; 4. The role of recognition in the law and practice of secession John Dugard and David Raic; 5. The state as a 'primary fact': some thoughts on the principle of effectiveness Théodore Christakis; 6. A normative 'due process' in the creation of states through secession Antonello Tancredi; 7. Secession and the law of state succession Andreas Zimmermann; 8. Are there gaps in the international law of secession? Olivier Corten; Part II. International and Domestic Practice: 9. The question of secession in Africa Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo; 10. International law and secession in the Asia and Pacific regions Li-ann Thio; 11. Secession and international law: the European dimension Photini Pazartzis; 12. Secession and international law: Latin American practice Frida Armas Pfirter and Silvina González Napolitano; 13. Lessons learned from the Quebec secession reference before the Supreme Court of Canada Patrick Dumberry; 14. The secession of the Canton of Jura in Switzerland Christian Dominicé; Conclusions Georges Abi-Saab; Select bibliography.

Review

Review of the hardback: 'All in all, Marcelo Kohen, who has written also an informative introductory chapter to this book, is to be congratulated for this well-conceived, thought-provoking collection of essays. Future studies on the law of secession will find in this book an important reference point and a rich source of information.' Peter Hilpold, Austrian Review of International and European Law

Promotional

This book is a comprehensive study of secession from an international law perspective.

Review Quote

Review of the hardback: 'All in all, Marcelo Kohen, who has written also an informative introductory chapter to this book, is to be congratulated for this well-conceived, thought-provoking collection of essays. Future studies on the law of secession will find in this book an important reference point and a rich source of information.' Peter Hilpold, Austrian Review of International and European Law

Promotional "Headline"

This book is a comprehensive study of secession from an international law perspective.

Description for Bookstore

Secession is the creation of a new State through the separation of part of the territory and population of an existing State. This book addresses all the theoretical problems raised by secession throughout the world today, and demonstrates the role played by international law in either preventing or promoting secession.

Description for Library

Secession is the creation of a new State through the separation of part of the territory and population of an existing State. This book addresses all the theoretical problems raised by secession throughout the world today, and demonstrates the role played by international law in either preventing or promoting secession.

Details