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  • 1
    Book
    Book
    The Hague [u.a.] : Kluwer Law Internat.
    UID:
    b3kat_BV014639811
    Format: XVIII, 495 S.
    ISBN: 904111890X
    Series Statement: Developments in international law 43
    Note: Zugl.: Leiden, Univ., Diss.
    Language: English
    Subjects: Law
    RVK:
    RVK:
    Keywords: Staat ; Juristische Person ; Selbstbestimmungsrecht ; Völkerrecht ; Hochschulschrift ; Hochschulschrift
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    Online Resource
    Online Resource
    Leiden : Brill | Nijhoff
    UID:
    gbv_180649258X
    Format: 1 Online-Ressource
    ISBN: 9789047403388 , 9789041118905
    Series Statement: Developments in International Law 43
    Content: Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law
    Note: Includes bibliographical references and index
    Additional Edition: Erscheint auch als Druck-Ausgabe Statehood and the Law of Self-Determination Leiden : Brill | Nijhoff, 2002 ISBN 9789041118905
    Language: English
    URL: DOI
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  • 3
    UID:
    gbv_169644912X
    Format: 1 online resource (516 pages)
    ISBN: 9789047403388
    Content: This text examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations.
    Content: Intro -- Table of Contents -- Table of Abbreviations -- Acknowledgements -- INTRODUCTION -- PART I: STATEHOOD -- CHAPTER 1 THE CONCEPTS OF 'SUBJECT OF LAW' AND 'PERSONALITY' IN INTERNATIONAL LAW -- 1. Introduction -- 2. The meaning of 'subject of international law' and 'international personality' -- 3. Conclusion -- CHAPTER 2 THE STATE AS AN INTERNATIONAL LEGAL PERSON -- 1. Introduction -- 2. The notion of the State -- 3. Recognition of States and the acquisition of international personality -- 4. The theories on recognition revisited -- 5. Collective, implied, constitutive and obligatory recognition of statehood and admission to membership in the United Nations -- 6. Conclusions -- CHAPTER 3 THE TRADITIONAL CRITERIA FOR STATEHOOD AND THE CONCEPT OF EFFECTIVENESS -- 1. Introduction -- 2. Statehood and the notion of effectiveness in international law -- 3. The traditional criteria for statehood -- 4. Recognition and the traditional criteria for statehood -- 5. Retroactivity of recognition of statehood -- 6. The moment of the commencement of statehood -- 7. Conclusions -- CHAPTER 4 THE OBLIGATION OF NON-RECOGNITION AND ADDITIONAL CRITERIA FOR STATEHOOD BASED ON LEGALITY -- 1. Introduction -- 2. The prohibition of premature recognition -- 3. The meaning of the doctrine of obligatory non-recognition -- 4. The origin and development of the doctrine of obligatory non-recognition in practice -- 5. State practice in the field of non-recognition of claims -- 6. The character of the legal norms involved -- 7. The legal basis of the obligation of non-recognition -- 8. Modern criteria for statehood based on legality -- 9. Limits to the obligation of non-recognition.
    Note: Description based on publisher supplied metadata and other sources
    Additional Edition: ISBN 9789041118905
    Additional Edition: Erscheint auch als Druck-Ausgabe ISBN 9789041118905
    Additional Edition: Print version Statehood and the law of self-determination
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
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