Self-Determination and Humanitarian Secession in International Law of a Globalized World
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and
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Self-Determination and Humanitarian Secession in International Law of a Globalized World Kosovo v. Crimea
Self-Determination and Humanitarian Secession in International Law of a Globalized World
Juan Francisco Escudero Espinosa
Self-Determination and Humanitarian Secession in International Law of a Globalized World Kosovo v. Crimea
Juan Francisco Escudero Espinosa Faculty of Law University of Leon Leon, Spain
ISBN 978-3-319-72621-2 ISBN 978-3-319-72622-9 https://doi.org/10.1007/978-3-319-72622-9
(eBook)
Library of Congress Control Number: 2017964702 © Springer International Publishing AG, part of Springer Nature 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by the registered company Springer International Publishing AG part of Springer Nature. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
To the memory of my parents, Juan Antonio and Paula, who laid the foundations for all I am
Preface
One of the great challenges facing an internationalist is the attempt to provide guidelines for behaviour in new situations arising within an international community in constant flux. Among the numerous and varied ranges of circumstances demanding attention, processes of fragmentation running counter to the trends for integration and globalization so characteristic of early twenty-first-century international society have proved an especially hard nut to crack. The cases of Kosovo and Crimea are two outstanding instances that have attracted attention from the international community over the last two decades. As events developed, basic principles of international law such as self-determination, territorial integrity of States, non-intervention, prohibitions on the threat or use of force by States, or notions like secession, statehood, or recognition were all brought under
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