Chapter
Open Access
5 Legitimization of Violence and State Dissolution in Nagorno-Karabakh: A Critical Legal Analysis
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Sheila Paylan
Chapters in this book
- Front Matter i
- Contents iii
- Notes on Contributors v
- Acknowledgements x
- Introduction: Contested States in War and Law 1
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PART I Ambiguous Status and the (Il)legal Use of Force
- 1 The Ratione Personae Element of the Jus ad Bellum and Taiwan 25
- 2 The Use of Force Against Taiwan as a Contested State: An Analysis of Legality and Great-Power Politics 42
- 3 International Law and the Legitimation of State Violence in the Fourth Eelam War (2006–2009) 63
- 4 Russia-Manufactured ‘Secessions’ in Ukraine: The Attempted Ambiguity of Status, Kosovo, and International Law 83
- 5 Legitimization of Violence and State Dissolution in Nagorno-Karabakh: A Critical Legal Analysis 105
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PART II Vulnerability and Agency on the Ground: People and Institutions Navigating War and Law
- 6 Contested Statehood, Ambiguities and Volatility: The Effects of Lawfare and Warfare in the Western Sahara Conflict 129
- 7 Hardening Ceasefire Lines in Protracted Secessionist Conflicts: From the Negotiating Table and International Law to Realities on the Ground in the Case of the Abkhaz–Georgian War 151
- 8 Sovereign Experimentation by Separatist Insurgencies: A Performative Perspective 172
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PART III Contesting and Constructing States at International Courts
- 9 Contested States Framed by the European Court of Human Rights 195
- 10 Hide and Seek: Bracketing and Projecting the States of Kosovo and Palestine at International Courts 212
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PART IV Conclusions
- 11 Four Normative Positions on the Contestation of Statehood in War and Law 235
- 12 Speculative Legalities and the Ambiguities of Contested States 249
- 13 The Melancholy Statehood 258
- Index 265
Chapters in this book
- Front Matter i
- Contents iii
- Notes on Contributors v
- Acknowledgements x
- Introduction: Contested States in War and Law 1
-
PART I Ambiguous Status and the (Il)legal Use of Force
- 1 The Ratione Personae Element of the Jus ad Bellum and Taiwan 25
- 2 The Use of Force Against Taiwan as a Contested State: An Analysis of Legality and Great-Power Politics 42
- 3 International Law and the Legitimation of State Violence in the Fourth Eelam War (2006–2009) 63
- 4 Russia-Manufactured ‘Secessions’ in Ukraine: The Attempted Ambiguity of Status, Kosovo, and International Law 83
- 5 Legitimization of Violence and State Dissolution in Nagorno-Karabakh: A Critical Legal Analysis 105
-
PART II Vulnerability and Agency on the Ground: People and Institutions Navigating War and Law
- 6 Contested Statehood, Ambiguities and Volatility: The Effects of Lawfare and Warfare in the Western Sahara Conflict 129
- 7 Hardening Ceasefire Lines in Protracted Secessionist Conflicts: From the Negotiating Table and International Law to Realities on the Ground in the Case of the Abkhaz–Georgian War 151
- 8 Sovereign Experimentation by Separatist Insurgencies: A Performative Perspective 172
-
PART III Contesting and Constructing States at International Courts
- 9 Contested States Framed by the European Court of Human Rights 195
- 10 Hide and Seek: Bracketing and Projecting the States of Kosovo and Palestine at International Courts 212
-
PART IV Conclusions
- 11 Four Normative Positions on the Contestation of Statehood in War and Law 235
- 12 Speculative Legalities and the Ambiguities of Contested States 249
- 13 The Melancholy Statehood 258
- Index 265