Self-determination in International Law: Quebec and Lessons Learned : Legal OpinionsAnne F. Bayefsky Martinus Nijhoff Publishers, 2000 M03 4 - 512 páginas The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the "Quebec Secession Reference." The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts? |
Contenido
Introduction | 1 |
PART I | 10 |
State Practice and International | 31 |
Report by Luzius Wildhaber | 63 |
The Effectivity Required of | 69 |
27 | 79 |
29 | 86 |
63 | 101 |
Factum of the Attorney General of Canada | 309 |
Factum of the Amicus Curiae | 333 |
Factum of the AdHoc Committee of Canadian Women on | 343 |
Factum of the Grand Council of the Crees Eeyou Istchee | 351 |
Reply of the Attorney General of Canada | 371 |
Reply of the Amicus Curiae | 379 |
Reply of the AdHoc Committee of Canadian Women on | 387 |
Oral intervention of the AdHoc Committee of Canadian Women | 393 |
Report by Alain Pellet Legal Opinion on Certain Questions | 107 |
Re Order in Council P C | 125 |
Response to Experts Reports of | 153 |
Report by Luzius Wildhaber | 173 |
Opinion Directed at Response | 179 |
Professor Crawford to the Amicus Curiaes Experts Reports | 213 |
Summary Legal Opinion Concerning | 225 |
Report by Christine Chinkin | 233 |
Expert opinion prepared in 1992 upon request of the Government | 241 |
Addendum to the Factum of the Amicus Curiae | 399 |
A Questions to the Attorney General of Canada | 407 |
A Written Response of the Attorney General of Canada | 417 |
B Written Response of the Amicus Curiae | 423 |
C Reply of the Attorney General of Canada to Written Responses of | 441 |
D Reply of the Amicus Curiae to Written Responses of the Attorney | 447 |
PART VI | 453 |
507 | |
Otras ediciones - Ver todas
Self-Determination in International Law, Quebec and Lessons Learned: Legal ... Anne Bayefsky Vista previa limitada - 2021 |
Self-determination in International Law: Quebec and Lessons Learned : Legal ... Anne F. Bayefsky Vista previa limitada - 2000 |
Términos y frases comunes
Abi-Saab Aboriginal agreement Amicus Curiae application Article Assembly Resolution Attorney Bangladesh Canada unilaterally Charter Chechnya concerned Constitution Act Constitution of Canada Convention Court of Canada December Declaration decolonization dissolution domestic law effect the secession Eritrea example exercise existence experts fact factum federal Franck Report Friendly Relations government of Quebec Helsinki Final Act human rights indigenous international community International Court International Covenant international law International Law Commission issues jurisdiction legislature or government minorities National Assembly non-colonial opinion paras practice principle of self-determination principle of territorial Principles of International Professor Crawford provides province Quebec from Canada Quebec Secession Reference Quebec the right question recognition recognized Reference regard relevant Republic respect right of secession right to effect right to secede right to self-determination seceding entity secession of Quebec secessionist Security Council Shaw Shaw Report situation sovereign sovereignty Soviet statehood supra Supreme Court territorial integrity treaty unilateral secession United Nations uti possidetis
Referencias a este libro
Accommodating National Identity: New Approaches in International and ... Stephen Tierney Vista previa limitada - 2000 |