Self-Determination of Peoples: A Legal Reappraisal

ISBN-13: 9780521637527 / Angielski / Miękka / 1998 / 396 str.

A. Cassese; Antonio Cassese

Opis

Which of the peoples currently claiming the right to self-determination have that right under international law? At what point does this political ideal turn into an international legal standard? This first comprehensive legal account asks how far self-determination is reshaping international relations and assesses the extent of its impact on traditional international institutions. The book scrutinizes State practice through national digests and United Nations proceedings and reappraises the concept against the whole body of international law, thus making an important contribution to an understanding of the interplay of law and politics.

Recenzje

'Overall, this is one of the most comprehensive and useful modern studies of the principle of self-determination in international law'. ASIL Journal

Spis treści

1. Introduction; Part I. The Historical Background: 2. Self-determination as an international political postulate; Part II. Self-Determination Becomes an International Legal Standard: 3. Treaty law; 4. The emergence of customary rules: external self-determination; 5. The emergence of customary rules: internal self-determination; 6. The holders of the right of self-determination and the means of ensuring observance of the right; 7. Comparing customary and treaty law; Part III. The Right to Self-Determination in Operation: 8. The impact of self-determination on traditional international law; 9. Testing international law - some particularly controversial issues; 10. The role of self-determination in the recent break-up of the Soviet Union and Yugoslavia; Part IV. The New Trends Emerging in the World Community: 11. Attempts at expanding self-determination; Part V. General Stocktaking: 12. Recapitulation and conclusion.