Towards an Independent Kurdistan: Self-Determination in International Law

ISBN-13: 9781032543222 / Twarda / 2023 / 324 str.

Loqman Radpey

Opis

The book offers an exhaustive historio-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish self-determination in international law. 

Spis treści

Foreword – Professor Anne Peters

 

CHAPTER ONE – By Way of Introduction

　

CHAPTER TWO – Self-Determination in International Law

2.1. Historical Metamorphosis

2.2. General Principle and Customary Law

2.3. As Erga Omnes and Jus Cogens

2.4. Modalities of Implementing Self-Determination

2.5. Self-Determination and its Relation to other Rights and Principles

2.6. The Expression of Self-Determination

Summary

　

CHAPTER THREE – What is a ‘People’ in International Law?

3.1. Minorities

3.2. Nation

3.3. Peoples

3.4. Peoples as Self-Determination Units

Summary

　

CHAPTER FOUR – Kurdistan: The Historical Background of Kurdish Self-Determination

4.1. Pre-Twentieth Century Kurdistan

4.2. Twentieth Century Kurdistan

4.3. Modern Nation-States’ Rejection of Sovereign Kurdistan

Summary

　

CHAPTER FIVE – Are the Kurds a ‘People’?

5.1. Substantive Criteria (National Ties)

5.2. The Kurds in Legal Documents

5.3. A Territorially Fragmented People

Summary

　

CHAPTER SIX – The Legal Right to Internal Self-Determination

6.1. Effective Participation in Public Affairs

6.2. Internal Self-Determination and Effective Participation

6.3. International Human Rights Law on Political Rights

6.4. The Legal Basis of Effective Participation of Minorities in Public Affairs

6.5. Constructs to Implement Internal Self-Determination

Summary

　

CHAPTER SEVEN – Secession: Implications for Kurdistan

7.1. Secession in Legal Scholarship

7.2. Secession under International Law

7.3. The Threshold for Secession

7.4. Non-Colonial Secession

7.5. Failed Cases

7.6. The Secession of Kurdistan

Summary

　

CHAPTER EIGHT – Kurdistan’s Statehood under International Law

8.1. The State

8.2. Tests of Statehood

8.3. Self-Determination, Statehood and Recognition

8.4. Attributes of a State in International Law

8.5. Statehood Forms Created through Self-Determination

8.6. Kurdistan’s Statehood

Summary

　

CHAPTER NINE – Decolonising Kurdish Self-Determination

Conclusion

　

Appendix

　

Index

O autorze

Loqman Radpey is a researcher at the Edinburgh Centre for International and Global Law (ECIGL) at the University of Edinburgh, Scotland. Having obtained his Ph.D. in International Law from the University of Edinburgh, he has dedicated the past decade to extensive writing on the legal status of the Kurdistan question and the application of international law to the right to self-determination of the Kurdish people.