Acquisition of Legitimacy in Self-Determination Conflicts
DOI:
https://doi.org/10.25007/ajnu.v8n4a475Keywords:
Remedial secession, Earned Sovereignty, Recognition, Legitimacy and the Right of Self-DeterminationAbstract
We have entered to an era in which the conflicts have become one of the most intensely perceived security problems of the contemporary world. Their nature is usually violent, accompanied by human casualties, which may escalate to humanitarian crises and may cause population migration, the formation of radical groups, economic decline, and eventually the fragmentation threat to the state territorial integrity. As a power-sharing formula, ‘Acquisition of Legitimacy Approach’ as a new Formula for Global Peace and Security Corporation has proposed to assist the State and sub-state entity involved in sovereignty conflicts, and future peace negotiators to identify an emerging approach, which may be well suited to help them in the resolution of their particular conflict. This article will demonstrate that the new formula may be attractive enough to those seeking to exercise the newly recognised right of remedial secession, who have grown unsatisfied with the prospect of simple autonomy. Accordingly, this theory would grant independence and statehood to those peoples that have been labelled as peaceful, that have engaged through peaceful means with the international community to assert their independence, such as Kosovar, Albanians or the East Timorese, would have earned their right to exist as sovereign independent States.
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Books and Edited Books
1. Buchanan A, Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (Oxford University Press) 2004.
2. Brownlie I, Principle of Public International Law, Oxford, (Oxford University Press) 1998.
3. Crawford J, The Creation of States in International Law, 2nd edn (Oxford University Press) 2006.
4. Kohen M, Introduction to Secession: International Law Perspective (Cambridge University Press) 2006.
5. Raič D, Statehood and the Law of Self-Determination (Kluwer Law International, The Hague) 2002.
6. Roepstorff K, The Politics of Self-Determination (Routledge) 2013.
7. Drew D, 'The Meaning of Self-Determination: The Stealing of the Sahara Redux?' In Karin Arts and Pedro Pinto Leite (ed), International Law And The Question Of Western Sahara (Oporto) 2007.
5.2 Journal Articles
1. Grace Bolton and Gezim Visoka, 'Recognizing Kosovo's Independence: Remedial Secession or Earned Sovereignty?' (2010) 11 South East European Studies 24.
2. James R. Hooper and Paul R. Williams, 'Earned Sovereignty: The Political Dimension' (2003) 31 Denv J Int’l L & Pol'y 355.
3. Karen Heymann, 'Earned Sovereignty For Kashmir: The Legal Methodology To Avoiding A Nuclear Holocaust, (2003) 13 Am U Int’l L R.
4. Michael P. Scharf, ‘Earned Sovereignty: Juridical Underpinnings, (2003) 31 Denv J Int'l L & Pol'y.
5. Michael P. Scharf and James R. Hooper Paul R Williams, 'Resolving Sovereignty-Based Conflicts: The Emerging Approach of Earned Sovereignty' (2011) 31 Denv J Int’l L & Pol'y 349
6. Paul R. Williams, Earned Sovereignty: ‘The Road to Resolving the Conflict over Kosovo’s Final Status’, (2003) 31 Denv J Int'l L & Pol'y.
7. Paul R. Williams & Karen Heymann, 'Earned Sovereignty: An Emerging Conflict Resolution Approach' (2004) 10 ISLA J Int’l & Com L 437.
8. Paul R. Williams and Francesca J. Pecci, ‘Earned Sovereignty: Bridging the Gap between Sovereignty and Self-Determination’, (2004) 40 Stan J Int'l L.
9. Stephen D. Krasner, 'Abiding Sovereignty' (2001) 22 Int’l PS Rev 248.
5.3 Reports, Cases and Generic
1. S.S. Lotus (Fr. v. Turk.), 1927 P.C.I.J. (ser. A) No. 10 (Sept. 7)
2. Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
3. Corfu Channel Case (U.K. v Albania) (9 April 1949) ICJ Rep.
4. Independent International Commission on Kosovo, Why Conditional Independence? The Follow-up of the Kosovo Report (Global Reporting Books 2001).
5. Implementing Standards before Status Policy Core Political Project, UN Kosovo Mission' (6 February 2004) UNSC/7999 <http://www.un.org/News/Press/docs/2004/sc7999.doc.htm>accessed 31 June 2018.
6. Comprehensive Proposal for the Kosovo Status Settlement, (26 March 2007) UN Doc S/2007/168, para 5.
7. A Performance-Based Roadmap To A Permanent Two-State Solution To The Israel-Palestinian Conflict, 2005.
8. US Department of Treasury, Office of Foreign Assets Control, Cumulative List of Recent OFAC Actions' (2002)<Http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/OFAC-Recent-Actions.aspx> accessed 1 July 2018.
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