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oapen-20.500.12657-612092024-03-27T14:14:26Z Self-Determination in the International Legal System Sparks, Tom International law Self-determination thema EDItEUR::L Law::LB International law This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht. 2023-02-09T13:06:15Z 2023-02-09T13:06:15Z 2023 book ONIX_20230209_9781509945085_5 9781509945085 https://library.oapen.org/handle/20.500.12657/61209 eng application/pdf application/epub+zip Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International 9781509945085.pdf 9781509945078.epub Bloomsbury Academic Hart Publishing 10.5040/9781509945092 10.5040/9781509945092 066d8288-86e4-4745-ad2c-4fa54a6b9b7b 9781509945085 Hart Publishing 280 London open access
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This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht.
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