Dividing the State

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A01=Paul Groarke
Author_Paul Groarke
Category=JPR
Contemporary Society
Direct Democracy
East Timor
eq_bestseller
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
Good Life
Henry III
human rights violations
Human Suffering
International Humanitarian Law
international law theory
Jus Cogens
legal framework for secession claims
legal remedies oppression
minority rights protection
Modern Human Rights Doctrine
Moral Principles
political self-determination
Predictable Series
Remedial Theory
Samaritan Duties
state sovereignty debate
Subsidiary Principles
Ultimate Political Fact
Underlying Title
Western Sahara

Product details

  • ISBN 9781138619456
  • Weight: 453g
  • Dimensions: 156 x 234mm
  • Publication Date: 03 Jan 2019
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Paperback
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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.

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