Dividing the State: Legitimacy, Secession and the Doctrine of Oppression, 1st Edition (Paperback) book cover

Dividing the State

Legitimacy, Secession and the Doctrine of Oppression, 1st Edition

By Paul Groarke

Routledge

220 pages

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Description

The events of recent history affirm the urgent need for a satisfactory definition of the conditions under which a minority within a state has the legal right to secede. Although the concept of sovereignty has been progressively weakened, it still presents the major theoretical difficulty in this area. There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law. It considers some of the technical, procedural and evidentiary issues that would arise in instituting such a regime, and develops the conceptual framework essential for the provision of legal remedies for gross violations of our fundamental human rights.

Table of Contents

Contents: Introduction; Legitimacy; The legal concept of legitimacy; The historical problem of sovereignty; Solving the historical problem; Existing theories of secession; Institutional and legal issues; Philosophical framework; A legal theory of secession; Practice issues; Conclusion: institutional reform; Select Bibliography; Index.

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
POL020000
POLITICAL SCIENCE / Government / State & Provincial