株式会社極東書店トップ商品一覧Dividing the State : Legitimacy, Secession and the Doctrine of Oppression.

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Dividing the State

Dividing the State : Legitimacy, Secession and the Doctrine of Oppression. 国家を分割する-正当性、分離、抑圧

・ISBN 978-0-7546-2381-6 hard

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著者・編者Groarke, Paul,
シリーズApplied Legal Philosophy
出版社(Ashgate, UK)
出版年月2004
ページ数212 pp.
言語ENG
ニュース番号<511-953 511-L150>

解説

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.