Chapter

Judicial Bodies and Counter Recognition

James Ker-Lindsay

in The Foreign Policy of Counter Secession

Published in print October 2012 | ISBN: 9780199698394
Published online January 2013 | e-ISBN: 9780191745874 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199698394.003.0008
Judicial Bodies and Counter Recognition

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Chapter 7 analyses the role played by legal institutions in preventing the recognition and legitimisation of secessionist territories. In addition to examining the role of the International Court of Justice, it also examines the role of various other judicial bodies, such as the European Court of Human Rights and the European Court of Justice. It also examines how cases within national jurisdictions can also play a part in preventing secessionist territories from being recognised. As is shown, such approaches, while seductive given the general opprobrium attached to secession, can actually carry significant risks.

Keywords: international law; International Court of Justice; European Court of Justice; European Court of Human Rights; British courts

Chapter.  7158 words. 

Subjects: International Relations

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