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by Michael Schoiswohl
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Politics & Government
  • Author:
    Michael Schoiswohl
  • ISBN:
    900413655X
  • ISBN13:
    978-9004136557
  • Genre:
  • Publisher:
    Brill - Nijhoff (April 2004)
  • Pages:
    352 pages
  • Subcategory:
    Politics & Government
  • Language:
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    1452 kb
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    1273 kb
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    1205 kb
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    4.7
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Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally . The case of Somaliland raises some fundamental questions with respect to the relationship between secession, creation of States and (non-) recognition.

Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally attempts to identify legal rules which bind de facto regimes in the process of secession irrespective of their recognition as a State. Proposing a functional approach to de facto regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.

In Africa, in the period of decolonization, it was generally agreed that secession was to be denied ( Schoiswohl, 2004)

Law: The Case of 'Somaliland' by Michael Schoiswohl. In Africa, in the period of decolonization, it was generally agreed that secession was to be denied ( Schoiswohl, 2004).

The Resurrection of Somaliland Against All International 'Odds': State Collapse, Secession, Non-Recognition .

The Resurrection of Somaliland Against All International 'Odds': State Collapse, Secession, Non-Recognition and Human Rights. Author: Michael Schoiswohl. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law.

17 Comprehensive Agreement on Human Rights, Mar. 29, 1994, Guat

17 Comprehensive Agreement on Human Rights, Mar. 29, 1994, Guat. Guatemalan National Revolutionary Union, 36 ILM 276 (1997). 24 In 2001 the European Court of Human Rights recognized the courts of the de facto regime of the Turkish Republic of Northern Cyprus as domestic remedies to be exhausted before recourse to the European Court is permitted. Cyprus v. Turkey, 35 Eur. .

Secession, Non-Recognition and Human Rights. Michael Schoiswohl, L.

de facto states (1) human rights (1) international recognition (1) Somaliland (1.

de facto states (1) human rights (1) international recognition (1) Somaliland (1). refresh. Member recommendations.

International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels.

International human rights bodies, regional human rights courts, as well as national courts have guided that this principle is an implicit guarantee flowing from the obligations to respect, protect and fulfil human rights. Human rights treaty bodies regularly receive individual petitions con-cerning non-refoulement, including the Committee Against Torture, the Human Rights Committee, the Com-mittee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child. What is the scope of the principle of non-refoulement?

Articles Figures Tables About. Obligations of human rights law. Michael Schoiswohl, Stains and (Human Rights) Obligations of Non-recognized De Facto Regimes in International Law The Case of Somaliland (Leiden, Boston Martinus Nijhoff, 2004).

Articles Figures Tables About. See other pages where Obligations of human rights law is mentioned: .

Distinctions between de facto recognition, diplomatic recognition and de jure . Non-binding resolutions of the Security Council which in their preamble.

Distinctions between de facto recognition, diplomatic recognition and de jure recognition may be traced back to the secession of the Spanish provinces in South America in early 19th century. Like recognition, these terms can be given meaning only by establishing the intention of the authority using them within the factual and legal context of each case. In the case of the British government, its opinion on the legal status of a claimant may be determined on the basis of the nature of the dealings (non-existent, limited or ment dealings) which it has with a claimant.

This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition.