negotiating self determination

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Negotiating Self Determination

Author : Hurst Hannum
ISBN : 0739114336
Genre : Law
File Size : 35. 47 MB
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Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to the field of international law and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts.

Self Determination Statehood And The Law Of Negotiation

Author : Robert P. Barnidge, Jr.
ISBN : 9781509902415
Genre : Law
File Size : 76. 64 MB
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From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

Self Determination And Collective Responsibility In The Secessionist Struggle

Author : Costas Laoutides
ISBN : 9781317057468
Genre : Political Science
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The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity.

A Common Hunger

Author : Joan G. Fairweather
ISBN : 9781552381922
Genre : History
File Size : 77. 25 MB
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The impact of colonial dispossession and the subsequent social and political ramifications place a unique burden on governments having to establish equitable means of addressing previous injustices. A Common Hunger considers the efforts by both of these countries to reconcile the damage left by colonial oppression, in part, looking back with a critical eye, but also pointing the way toward a solution that will satisfy the common need for human dignity.

Settling Self Determination Disputes

Author : Marc Weller
ISBN : 9789047431763
Genre : Law
File Size : 54. 46 MB
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The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.

Finding Dahshaa

Author : Stephanie Irlbacher-Fox
ISBN : 0774816244
Genre : Social Science
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Just as dahshaa – a rare type of dried, rotted spruce wood – is essential to the moosehide-tanning process in Dene culture, self-determination and the alleviation of social suffering are necessary to Indigenous survival in Northwest Territories. But is self-government an effective path to self-determination? Finding Dahshaa shows where self-government negotiations between Canada and the Dehcho, Délînê, and Inuvialuit and Gwich'in peoples have gone wrong and offers, through descriptions of tanning practices that embody principles and values central to self-determination, an alternative model for negotiations. This book, which includes a foreword by Dene National Chief Bill Erasmus, is the first ethnographic study of self-government negotiations in Canada.

Inside The Politics Of Self Determination

Author : Kathleen Gallagher Cunningham
ISBN : 9780190243333
Genre : Political Science
File Size : 21. 71 MB
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There are currently over 100 stateless nations pressing for greater self-determination around the globe. The vast majority of these groups will never achieve independence. Many groups will receive some accommodation over self-determination, many will engage in civil war over self-determination, and in many cases, internecine violence will plague these groups. This book examines the dynamic internal politics of states and self-determination groups. The internal structure and political dynamics of states and self-determination groups significantly affect information and credibility problems faced by these actors, as well as the incentives and opportunities for states to pursue partial accommodation of these groups. Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics. The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.

Canada The State Of The Federation 1985

Author : Peter M. Leslie
ISBN : 9780889114425
Genre : Canada
File Size : 46. 92 MB
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Canadian Politics Sixth Edition

Author : James Bickerton
ISBN : 9781442607057
Genre : Political Science
File Size : 33. 83 MB
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The sixth edition of Canadian Politics offers a comprehensive introduction to Canadian government and politics by a highly respected group of political scientists. For this edition, the editors have organized the book into six parts. Part I examines Canadian citizenship and political identities, while Parts II and III deal with Canadian political institutions, including Aboriginal governments, and contain new chapters on the public service and Quebec. Parts IV and V shift the focus to the political process, discussing issues pertaining to culture and values, parties and elections, media, groups, movements, gender, and diversity. The chapters on Parliament, bureaucracy, political culture, political communications, social movements, and media are new to this edition. Finally, three chapters in the last section of the book analyze components of Canadian politics that have been gaining prominence during the last decade: the effects of globalization, the shifting ground of Canadian-American relations, and the place of Canada in the changing world order. Of the 21 chapters in this edition, 9 are new and the remainder have been thoroughly revised and updated.

Indigenous Peoples Land Rights Under International Law

Author : Jérémie Gilbert
ISBN : 9781571053695
Genre : Law
File Size : 62. 79 MB
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Discusses whether international human rights law can successfully accommodate indigenous people's land claims.

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