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Secessionist Entities and International Law: The South Caucasus Disputes between Self-Determination, Territorial Integrity, and the Quest for a European Engagement Policy: Studies in Territorial and Cultural Diversity Governance, cartea 22

Autor Benedikt C. Harzl
en Limba Engleză Hardback – 19 dec 2024
This book examines secessionist entities that arose during and after the dissolution process of the USSR and considers them as legal subjects in their own right. By employing a novel and more innovative approach, the agency of these subjects, otherwise often ignored or disregarded, is taken into account. Drawing on the cases of the South Caucasus, the author suggests going beyond the binary concept of statehood and traditional notions of sovereignty. He advocates embracing an inclusive reading of international law, which enables to foster creative ambiguity vis-à-vis these entities as means of conflict transformation.
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Specificații

ISBN-13: 9789004687097
ISBN-10: 9004687092
Pagini: 641
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Territorial and Cultural Diversity Governance


Notă biografică

Benedikt C. Harzl is Associate Professor and Deputy Director of the Centre of East European Law and Eurasian Studies at the University of Graz. In 2024, he was the Botstiber Professor at the University of California, Berkeley. He has published and co-edited on legal issues in the post-Soviet space, including Unrecognized Entities (Brill | Nijhoff, 2022).

Cuprins

Abbreviations

1Introductory Remarks and Structure

2Approaching Secession
1 Secession: Paradigms of Legality and Legitimacy

2 Political Expediency as a Weak Argument

3 The Two Main Objectives of This Work

4 Definitions and Approaches
4.1Defining ‘Secession’

4.2Situations beyond the Ambit of Secession

4.3Differentiation: Non-consensual Dissolution of States

4.4Expository and Evaluative Approaches

4.5A Methodology of ‘Law Plus …’

4.6‘Law Plus …’ Applied


5 Secession: A Play in Three Acts
5.1Secession and the Contentious Question of Territorial Integrity
5.1.1 Undermining from Inside

5.1.2 Undermining from Outside


5.2A Right to Secession in International Law?

5.3Secession, Secessionist Entities, and State-Building


3The Object of Investigation: The Secessionist Entity
1 Some Preliminary Notes on the Choice of Terminology

2 The Dilemma of Political Framing

4De Facto Independence and Its Repudiation

5 Formal Declaration of Independence and Authentic Grievance

6 The Absence of Recognition

7 Consolidated Existence over Significant Time

8 Disputed Facts


4The Appeal of Statehood in the Context of Secessionist Conflicts

5The Appeal of Law: Articulation of Interests in Legal Vocabulary
1 International Law as a Level Playing Field and Its Principles’ Open-Endedness

2 Legitimacy as Substructure of a Legal Claim: Territorial Grievance

3 Scholarly and Political Coverage of the Problem
3.1Problematic Paradigms in Legal Scholarship

3.2Problematic Paradigms in ir Theory


6The Conflicts of the South Caucasus in Focus
1 How these Conflicts Are Addressed by the Scholarly Community

2 The South Caucasus Conflicts: A Short Biography
2.1On the Selection of Cases

2.2Abkhazia
2.2.1 Selected Conflict Factors and Escalation

2.2.2 Attempts at Conflict Management


2.3South Ossetia
2.3.1 Selected Conflict Factors and Escalation

2.3.2 Attempts at Conflict Management


2.4Nagorno-Karabakh
2.4.1 Selected Conflict Factors and Escalation

2.4.2 Attempts at Conflict Management



7The Self-determination vs. Territorial Integrity Paradigm
1 Introductory Remarks: The Collision of Two Values

2 The Deceptive Promise of Self-determination
2.1Introduction

2.2The ‘Self’ of the Secessionists

2.3Secessionist Entities Through the Prism of National Minorities

2.4The Substance of Self-determination: Imprecise Parameters
2.4.1 Introductory Thoughts

2.4.2 The National Minorities Avenue

2.4.3 Secession as Primary or Remedial Right?


2.5The Fallacy of Remedial Secession
2.5.1 The Perception of Intolerable Coexistence

2.5.2 Insufficient Reflection in International Law and Arbitrariness


2.6Preliminary Conclusion: Self-determination and Secessionist Entities


3 The Deceptive Promise of Territorial Integrity
3.1Introduction

3.2A Fuzzy Principle: Non-intervention in Secessionist Conflicts
3.2.1 External Intervention in International Law: Procuring Secessionist Statehood

3.2.2 Territorial Integrity and Secessionist Entities: Profound Limitations


3.3A Special Problem: Humanitarian Intervention

3.4A Special Problem: ‘Confined to the Relations among States’? The Fallacy of Doctrinal Purity

3.5The Special Problem of Uti Possidetis

3.6The Special Problem of Kosovo and Its Implications for the South Caucasus

3.7Preliminary Conclusion: Territorial Integrity and Secessionist Entities


8The South Caucasus Cases and the Self-determination vs. Territorial Integrity Paradigm: Selected Questions Problematized
1 Introductory Thoughts

2 Secession’s Fertile Soil: (In)applicable Legal Provisions and the ‘Soviet’ West Virginian Concept

3Uti Possidetis: State Boundaries Amidst Conflicting Narratives

4 The Timing of Applicability of Territorial Integrity in the South Caucasus

5 Disputes about Violation of Territorial Integrity: Contentious Attribution

6 The Profound Accusation of ‘Puppet States’


9A Subject in Its Own Right: The Case for a European Engagement
1 Introduction

2 Controversial but Existing Legal Status
2.1The Futility of the Declaratory vs. Constitutive Approach of Recognition

2.2Secessionist Entities and Their Discernible Existence

2.3Going beyond the Deadlock


3 Conditions of Engagement
3.1Introduction: Setting the Stage for Engagement

3.2Inaccurate Dichotomies: State-Building vs. Non-state-building Measures

3.3Outer Boundaries in Two Directions

3.4Refugees and idp s

3.5Addressing Ethnic Diversity

3.6Democratic Governance: Internal Legitimacy

3.7Continued Dialogue with the Metropolitan State

3.8The Functionalist Philosophy behind Engagement without Recognition: Moving beyond the Non Liquet Fallacy


10Conclusion

Bibliography

Case Law, Legislation, Other Legal Acts

Index