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Secession and State Recognition in International Relations and Law |
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Abstract:
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The paper examines the status of secession in international relations by investigating the practice of recognition of new states, the practice historically employed to regulate membership in international society. The last fifteen years have witnessed novel or reinvigorated demands for statehood in many areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Montenegro, Moldova, Georgia and East Timor, have achieved recognition; those of others, like Kosovo, Krajina, Bouganville, Abkhazia, Somaliland or Chechnya, have not. However, even as most of these claims gave rise to serious conflicts, the practice has elicited little systematic scholarly reflection. The paper highlights the criteria guiding state recognition in the post-Cold War period. Its most striking feature, the paper argues, is the continuity with the previous decolonization practice. That practice endorsed, with a single exception, only the claimants deemed to have the right to self-determination in international law. However, as in the aftermath of decolonization, the boundaries of self-determination set in international law have not led to a disappearance of claims of statehood that stand outside of them. Groups that feel unhappy within the states they belong to have continued to make demands for independence irrespective of the fact that they may not have any international right to it. |
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state (130), intern (110), right (78), determin (74), self (73), independ (62), self-determin (59), recognit (53), territori (45), peopl (45), de (41), law (41), facto (38), coloni (31), new (31), secess (30), p (29), foreign (28), govern (27), one (26), press (26), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Fabry, Mikulas. "Secession and State Recognition in International Relations and Law" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-09 <http://www.allacademic.com/meta/p212013_index.html> |
APA Citation:
| Fabry, M. , 2007-08-30 "Secession and State Recognition in International Relations and Law" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-09 from http://www.allacademic.com/meta/p212013_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: The paper examines the status of secession in international relations by investigating the practice of recognition of new states, the practice historically employed to regulate membership in international society. The last fifteen years have witnessed novel or reinvigorated demands for statehood in many areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Montenegro, Moldova, Georgia and East Timor, have achieved recognition; those of others, like Kosovo, Krajina, Bouganville, Abkhazia, Somaliland or Chechnya, have not. However, even as most of these claims gave rise to serious conflicts, the practice has elicited little systematic scholarly reflection. The paper highlights the criteria guiding state recognition in the post-Cold War period. Its most striking feature, the paper argues, is the continuity with the previous decolonization practice. That practice endorsed, with a single exception, only the claimants deemed to have the right to self-determination in international law. However, as in the aftermath of decolonization, the boundaries of self-determination set in international law have not led to a disappearance of claims of statehood that stand outside of them. Groups that feel unhappy within the states they belong to have continued to make demands for independence irrespective of the fact that they may not have any international right to it. |
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| Document Type: |
application/pdf |
| Page count: |
27 |
| Word count: |
10165 |
| Text sample: |
| SECESSION AND STATE RECOGNITION IN INTERNATIONAL RELATIONS AND LAW1 Paper to be presented at the APSA Annual Convention Chicago Aug. 30-Sep. 2 2007 *Draft – please do not cite* Mikulas Fabry Department of Government Smith College Northampton MA 01063 USA E-mail: mfabry@email.smith.edu This paper examines a central question raised by the new and lingering demands for statehood in Central and Southeastern Europe the former Soviet Union the Horn of Africa South and Southeast Asia and the South Pacific in |
| if the concept of de facto statehood was not razor sharp each time it was applied there was clarity about what it was not: a substantial section of a claimant’s population actively opposed to independence as evidenced by the claimant’s lack of effective control over the claimed territory. That Croatia and Bosnia and Herzegovina did not enjoy habitual obedience of the bulk of their populace at the time of their recognition was unambiguous. Should territorial integrity have decisive normative |
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