Date of Award

Spring 2016

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Dr. Christian N. Okeke

Second Advisor

Professor Dr. Art Gemmell

Third Advisor

Professor Dr. Remigius Chibueze

Abstract

The crisis within international law of self-determination cannot be ignored. This dissertation analyses and discusses the reasons for the crisis which are: the lack of analysis of the correlation of legal doctrines with doctrines of social science; a general absence of analysis of the changes occurring within contemporary international law due to the changes of doctrines of social science (particularly on the topics of the subjects of international law, and on the law of self-determination and recognition); a lack of analysis of the new laws within a context of rapid social development; and finally, the absence of a development of a methodology for the purpose of research and analysis of the current issues within international law (especially since the nineteenth century). Using the European family of nations as case study, this paper will analyze the history and development of nation states, and will propose a historical and comparative law method as a method both for general comparative research, and further research on the development of the law of self-determination as interrelated doctrine with the doctrine of constitutionalism. This dissertation will introduce the theory of constitutionalism within that framework of analysis, and will use it as a mechanism for the furtherance of the law of self-determination, recognition, the principle of peaceful coexistence; and finally, for the development of international law generally.

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