Secession in International Law with a Special Reference to the Post-Soviet Space

Name: Secession in International Law with a Special Reference to the Post-Soviet Space
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ISBN: 9789004702639

Júlia Miklasová

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Hardback

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English

Martinus Nijhoff
22 August 2024

Settlement of international disputes

Series: Theory and Practice of Public International Law

The open access publication of this book has been published with the support of the Swiss National Science Foundation.

International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.

By: Júlia Miklasová
Imprint: Martinus Nijhoff
Volume: 8
Dimensions: Height: 235mm, Width: 155mm, Spine: 53mm
Weight: 1.378kg
ISBN: 9789004702639
ISBN 10: 9004702636
Series: Theory and Practice of Public International Law
Pages: 756
Publication Date: 22 August 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Júlia Miklasová is a postdoctoral researcher at the University of Cologne, Germany. She obtained a PhD in International Law (2021) from the Graduate Institute Geneva.