SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY

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ZIAEE SEYED YASER

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Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2011 | Volume:13 | Issue:32 Page(s): 231-264

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Title

SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY

Author(s)

ZIAEE SEYED YASER | Issue Writer Certificate

Keywords

INTERNATIONAL LAWQ1

SECESSIONQ2

RIGHT OF SELF-DETERMINATIONQ2

PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITYQ2

RECOGNITION OF STATESQ2

Abstract

Russia and Nicaragua recognized South Ossetia and Abkhazia as independent states in August 2008. Beforehand Kosovo was recognized by about 60 states. While there are a lot of examples of SECESSION from parent state, the law governing on SECESSION is very ambiguous and abstract. INTERNATIONAL LAW has two inconsistent principles in relation to this field: right of people to self-determination and PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY. SECESSIONs which occurred in the past were interpreted with the principle of effectively and recognition by parent state. But in the present cases we can see a tendency for recognition of SECESSION by third states. This fact indicates that international community believes the emergence of the RIGHT OF SELF-DETERMINATION in contrast with the classic PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY. Present paper represents the state practice in which states preferred the RIGHT OF SELF-DETERMINATION to principle of territorial integrity and assesses INTERNATIONAL LAW bases which relate to this problem.

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APA: Copy

ZIAEE, SEYED YASER. (2011). SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 13(32), 231-264. SID. https://sid.ir/paper/225228/en

Vancouver: Copy

ZIAEE SEYED YASER. SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2011;13(32):231-264. Available from: https://sid.ir/paper/225228/en

IEEE: Copy

SEYED YASER ZIAEE, “SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 13, no. 32, pp. 231–264, 2011, [Online]. Available: https://sid.ir/paper/225228/en

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