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This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. [3]
The Vienna Convention on Succession of States in Respect of Treaties is an international treaty opened for signature in 1978 to set rules on succession of states. It was adopted partly in response to the "profound transformation of the international community brought about by the decolonization process".
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Entities that declare secession while violating the internal laws of the state can not be considered as countries. Fait accompli may not be just accepted. Power is not the right, and the force is not the law. The United Nations have never recognised any case of a unilateral independence declaration. [52] [54] Belarus 3 December 2009
Based on law of the United States. Myanmar: Based on English common law. Nauru: Based on English common law. Nepal: Based on English common law. New Zealand: Based on English common law with some aspects of tikanga Māori. [31] [32] Northern Ireland (UK) Based on Irish law before 1921, in turn, based on English common law. Palau: Based on law ...
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point".
A universal state succession occurs when one state is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when successor state(s) succeed only part of a state's land and sovereignty, which continues to exist where succession has not taken place. [3]