Statehood and the Law of Self-Determination docx

[...]... § 3 The law of self-determination and the criteria for statehood: the unlawful proclamation of independence § 3.1 The prohibition of abuse of the right of selfdetermination: the requirement of fulfilment of the conditions of the qualified right of secession § 3.2 Respect for the right of internal self-determination of peoples 401 402 402 402 405 406 408 414 418 419 423 Table of Contents § 4 The proper... law contain any rules and principles on the basis of which the formation and recognition of some entities, and the ignoring and non-recognition of others, can be explained? In the light of the aforementioned developments, the main question of this study is: when does an entity qualify as a State under international law, and what, if any, is the role of the law of self-determination in the process of. .. including the birth of Bangladesh, the crisis in the former Yugoslavia and attempts at secession within the territory of the former Soviet Union Part III is entitled 'Statehood and Self-Determination' and consists of Chapter 8 The purpose of this Chapter is to identify the precise role of the law of self-determination in the process of the formation of States under contemporary international law In the Precis,... existence of an ineffective government: modern state practice and the role of the right of self-determination § 2.1 The cases of Georgia and Moldova § 2.1.1 The Republic of Georgia § 2.1.2 The Republic of Moldova § 2.2 Observations § 2.3 External self-determination and the statehood criterion of 'government': juridical and empirical statehood § 2.4 The special case of the Republic of BosniaHerzegovina § 3 The. .. leads to a formulation of the raison d'être and main objective of the principle of self-determination insofar as this may be deduced from the development of the concept in the said period In Chapter 6, the analysis of the law of self-determination is taken a step further In this Chapter, the question of whether or not the right of self-determination extends beyond decolonization and if so, in what form... subject of the right of unilateral secession as a criterion for statehood § 5 The formation of States, self-determination and recognition § 6 Conclusions xi 425 426 437 PRECIS § 1 The formation of States, traditional criteria for statehood and recognition § 2 The obligation of non-recognition of statehood: the introduction of the notion of legality in the law of statehood and additional criteria for statehood. .. the right to uphold their borders if these are threatened either from the outside or from the inside On the other hand, the right of self-determination was, in the aftermath of World War I and during the period of decolonization at least, primarily seen as a concept which could justify the separation of a part of the territory of an existing State for the purpose of establishing a new State Thus, the. .. outright with two other principles of international law: the principle of territorial integrity and the principle of uti possidetis The content of these two principles as well as their relation to the right of self-determination is addressed in the final part of Chapter 6 The question of the existence of a right of unilateral secession is dealt with in Chapter 7 on the basis of a number of case Introduction... be answered from the perspective of the law of self-determination Part II of the study, entitled 'Self-Determination' , consists of three chapters focusing on the rules and principles of the law of self-determination Chapter 5 charts the development of the concept of self-determination from its first international appearance during World War I up to and until its role in the context of decolonization... Krajina § 5.1 The Chechen Republic of Ichkeria § 5.2 The Republic of Abkhazia § 5.3 The Republic of Serbian Krajina § 6 Conclusion: the norms of territorial integrity and secession revisited 370 372 372 373 379 386 394 PART III: STATEHOOD AND SELF-DETERMINATION CHAPTER 8 THE FORMATION OF STATES AND THE OPERATION OF THE LAW OF SELF-DETERMINATION § 1 Introduction § 2 Recognition of statehood despite the existence . y0 w0 h0" alt="" Statehood and the Law of Self-Determination Developments in International Law VOLUME 43 Statehood and the Law of Self-Determination David. and secession revisited 394 PART III: STATEHOOD AND SELF-DETERMINATION CHAPTER 8 THE FORMATION OF STATES AND THE OPERATION OF THE LAW OF SELF-DETERMINATION §