Sovereignty Referendums in International and Constitutional Law
Şen, İlker Gökhan
2015, XIII, 298 p.
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A clear and complete mapping of the sovereignty referendums and related problems
A manual for lawyers and political scientists working in the field
Includes basic rules for a fair and legitimate referendum in the resolution of sovereignty conflicts
This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.
Content Level »Research
Keywords »Constituent power - Constitutional law - Decolonisation - Democracy - Foundation of a state - Founding of state - Legitimacy - Nationhood - Plebiscite - Recognition of states - Referendum - Secession - Sovereignty - State creation - State formation
1. Introduction.- 2. Introduction to the Theory of Sovereignty Referendums.- 3. Sovereignty Referendums in the System of Politics.- 4. Sovereignty Referendums in the System of Law.- 5. Sovereignty Referendums in International Law.- 6. Sovereignty Referendums in Constitutional Law.- 7. Sovereignty Referendums: Common Legal Problems.- 8. Conclusion.