BIBFRAME Work

Title

Secession in international law with a special reference to the post-Soviet space

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  • Text
  • Monograph

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Summary

"What is it like to live in entities such as Transnistria or Abkhazia that claim to have seceded and become States, but lack generalised recognition? How does one operate a business there or import products from abroad? To what extent is it risky for foreign economic operators to invest there? Would a divorce decree issued by the authorities in these entities be recognised in foreign jurisdictions? Who would bear international responsibility for human rights violations committed in these entities? And most importantly, what does international law have to say about these issues? These questions have motivated the selection of the topic of this book. However, while they appear concrete, straightforward and grounded in everyday reality, the answers to them require a comprehensive two- step analysis. Such an analysis needs firstly to settle the issues of statehood and the status of these entities, and secondly to determine the legal consequences stemming from such status determination. Fundamentally, such an analysis requires situating these questions within a broad theoretical and normative evolution of international law. In fact, the answer to these questions presupposes determining the extent in which international law is relevant to the phenomenon of secession. This is not a minor step because according to a classical view, international law is said to be neutral vis- à- vis secession, neither prohibiting nor authorising it. International law merely defers to the facts on the ground. Secession is held as a- legal, a purely factual phenomenon not regulated by international law. This book challenges this view. It is built on the premise that international law is relevant to secession. The key objective of this book is to delimit and establish the extent of such relevance. It seeks to outline a general legal framework applicable to secession. A central, albeit not exclusive tension underpinning the issues explored in this book is one between effectiveness and legality. As such, the book demonstrates the various ways in which the principle of ex iniuria ius non oritur is prevalent in a contemporary regulation of secession. It shows that this principle determines the issue of the emergence of statehood via secession and also orders the relations of effective secessionist entities subsequent to the denial of such status"-- Provided by publisher.

Table of Contents

Legal analysis of the status of the secessionist entity -- Legal consquences applicable to the illegal secessionist entity -- Legal analysis of the status of Post-Soviet secessionist entities -- Legal consequences applicable to Post-Soviet illegal secessionist entities.

Authorized Access Point

Miklasová, Júlia. Secession in international law with a special reference to the post-Soviet space

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Admin Metadata

  • Date: 2026-09-11T20:18:51.284479+00:00
  • Agent: cbc
  • Status: c
  • Derived from: 23666670

Admin Metadata

  • Date: 2026-09-11
  • Cataloger id: Unknown
  • Description level: http://id.loc.gov/ontologies/bibframe-2-6-0/
  • Description language: eng
  • Description authentication: pcc

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