This book explores the changing nature of secessionist attempts in connection with rapidly evolving geopolitical and technological landscapes. By presenting theoretical chapters as well as case studies on various secessionist movements around the globe, the contributing authors study a range of topics, including: the role of the media in secessionist conflicts; secessionist referenda and the viability of secessionist attempts in terms of their internal dimension; and external support and interference. The book will appeal to political scientists and international relations scholars who are interested in the processes, politics and geopolitical implications of secessionist movements.

This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.

This book is a comprehensive study of secession from an international law perspective.

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.

Theories of Secession presents a systematic analysis of the rise of secessionist movements in global politics. Bringing together a collection of experts in the field, it provides a timely forum for debate in this contentious area of study.

How do states prevent the recognition of territories that have unilaterally declared independence? At a time when the issue of secession is becoming increasingly significant on the world stage, this is the first book to consider this crucial question. Analysing the efforts of the governments of Serbia, Georgia, and Cyprus to prevent the international recognition of Kosovo, South Ossetia, Abkhazia, and northern Cyprus the work draws on in depth interviews with a number of leading policy makers to explain how each of the countries has designed, developed, and implemented its counter secession strategies. After explaining how the principle of the territorial integrity of states has tended to take precedence over the right of self-determination, it examines the range of ways countries facing a separatist threat can prevent recognition by other states and considers the increasingly important role played by international and regional organisations, especially the United Nations, in the recognition process. Additionally, it shows how forms of legitimisation or acknowledgement are also central elements of any counter-recognition process, and why steps to prevent secessionist entities from participating in major sporting and cultural bodies are given so much attention. Finally, it questions the effects of these counter recognition efforts on attempts to solve these territorial conflicts. Drawing on history, politics, and international law this book is the first and only comprehensive account of this increasingly important field of foreign policy.

This open access book provides an updated and fully revised 4th edition of this authoritative analysis of Swiss democracy. It particularly explains the institutions of federalism and consensus government through political power sharing. In this new edition, the authors also address several important changes and challenges that have affected Swiss democracy, including the country's relationship with the EU, fiscal equalisation, direct democracy and the legitimacy of national referendums, territorial conflict, as well as the polarisation of party politics.