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The secessionist entities that emerged out of the turbulent upheavals in the 1990s in the South Caucasus have, over many years and with enormous external assistance, successfully defied the jurisdiction of their metropolitan states. As entities that have attained a status of de facto statehood, they epitomize unresolved conflicts between core principles and doctrines in public international law. This study addresses the interplay between law and politics against this context and problematizes false dichotomies that have arguably hindered the transformation of these territorial disputes. The author devotes particular attention to different ways of engagement with the de facto states below the level of political endorsement.
In the wake of the dissolution of the Soviet Union, secessionist forces carved four de facto states from parts of Moldova, Georgia, and Azerbaijan. Ten years on, those states are mired in uncertainty. Beset by internal problems, fearful of a return to the violence that spawned them, and isolated and unrecognized internationally, they survive behind cease-fire lines that have temporarily frozen but not resolved their conflicts with the metropolitan powers. In this, the first in-depth comparative analysis of these self-proclaimed republics, Dov Lynch examines the logic that maintains this uneasy existence and explores ways out of their volatile predicament. Drawing on extensive travel within Eurasia and remarkable access to leading figures in the secessionist struggles, Lynch spotlights the political, military, and economic dynamics--both internal and external--that drive the existence of South Ossetia, Abkhazia, Transnistria, and Nagorno-Karabakh. He also evaluates a range of options for resolving the status of the de facto states before violence returns, and proposes a coordinated approach, spearheaded by the European Union, that balances de facto and de jure independence and sovereignty. Slim but packed with information and insight, this volume also offers instructive lessons about the dynamics of intrastate and ethnic conflict and the merits of autonomy and power sharing in places as diverse as Kosovo, Northern Cyprus, and Chechnya.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.
Unrecognized states are places that do not exist in international politics; they are state-like entities that have achieved de facto independence, but have failed to gain widespread international recognition. Since the Cold-War, unrecognized states have been involved in conflicts over sovereign statehood in the Balkans, the former Soviet Union, South Asia, the Horn of Africa, and the South Pacific; some of which elicited major international crises and intervention, including the use of armed force. Yet they remain subject to many myths and simplifications. Drawing on a number of contemporary and historical cases, from Nagorno Karabakh and Somaliland to Taiwan, this timely new book provides a comprehensive analysis of unrecognized states. It examines their origins, the factors that enable them to survive and explores their likely future trajectories. But it is not just a book about unrecognized states; it is a book about sovereignty and statehood; one which does not shy way from addressing crucial issues such as how these anomalies survive in a system of sovereign states and how the context of non-recognition affects their attempts to build effective state-like entities. Ideal for students and scholars of global politics, peace and conflict studies, Unrecognized States offers a much needed and engaging account of the development of unrecognized states in the modern international system.
This is the first book to examine and compare how rebels govern civilians during civil wars in Latin America, Africa, Asia, and Europe. Drawing from a variety of disciplinary traditions, including political science, sociology, and anthropology, the book provides in-depth case studies of specific conflicts as well as comparative studies of multiple conflicts. Among other themes, the book examines why and how some rebels establish both structures and practices of rule, the role of ideology, cultural, and material factors affecting rebel governance strategies, the impact of governance on the rebel/civilian relationship, civilian responses to rebel rule, the comparison between modes of state and non-state governance to rebel attempts to establish political order, the political economy of rebel governance, and the decline and demise of rebel governance attempts.
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
This volume for the first time provides a comprehensive theoretical and empirical examination of a new and very significant development in the international politics of fragmentation.