scholarly journals Autonomy and Natural Resources: the self-Determination process in New Caledonia as a Counter-Lesson for Western Sahara

2021 ◽  
pp. 1-22
Author(s):  
Isaías Barreñada-Bajo
Keyword(s):  
Natural Resources ◽  
New Caledonia ◽  
The Self ◽  
Self Determination ◽  
Western Sahara ◽  
Determination Process

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

scholarly journals A People vs. Corporations? Self-determination, Natural Resources and Transnational Corporations in Western Sahara

2017 ◽  
pp. 15-66
Author(s):  
Raphaël Fišera
Keyword(s):  
Civil Society ◽  
Natural Resources ◽  
Oil And Gas ◽  
Transnational Corporations ◽  
Global Civil Society ◽  
Self Determination ◽  
Corporate Accountability ◽  
Media Campaigns ◽  
Western Sahara ◽  
Playing Field

Since the mid-1970s, the Western Saharan conflict has defied both resolution and understanding, as an entire people, split between refugee camps in the Algerian desert and the Moroccan occupied territory, has been waiting for the international community to effectively enforce its right to self-determination. Through a combination of legal and geopolitical perspectives on the issues related to the exploitation of the rich natural resources in the last African territory still to be decolonised, this research paper will argue that transnational corporations (TNCs) can directly affect the welfare and the self-determination of a people, while the means to enforce corporate accountability remain limited and poorly adapted to the current global realities. The recent media campaigns led by NGOs against TNCs active in this area demonstrate the key role of global civil society in the emergence of corporate accountability and in reminding individuals, corporations and governments of their ethical and legal obligations towards indigenous peoples such as the Saharawi’s. This paper will first consider the historical and socio-economic context of the conflict and the importance of natural resources in this dispute (chapter I) before addressing the legal dimension of the exploitation of these resources by the occupying power and third parties (II). I will then argue that the decision of Morocco to involve Western oil and gas TNCs in the Western Sahara represents a complicating factor to the conflict and has created a new, corporate playing field for the conflicting parties (III). The last chapter of this analysis will address the current political and legal mechanisms for ensuring the accountability of such TNCs and assess whether campaigns by global civil society actors provide an effective, alternative avenue for corporate accountability (IV).Published online: 11 December 2017

Negotiating Free Association between Western Sahara and Morocco: A Comparative Legal Analysis of Formulas for Self-Determination

2011 ◽  
Vol 16 (1) ◽  
pp. 109-135 ◽  
Author(s):  
Samuel J. Spector
Keyword(s):  
International Law ◽  
New Caledonia ◽  
Free Association ◽  
Lessons Learned ◽  
Self Determination ◽  
Actual State ◽  
Legal Analysis ◽  
Western Sahara ◽  
Starting Point ◽  
The Subject

AbstractThe proposal of new negotiation formulae in the midst of stalemated conflicts can help to reframe the problem and restart dialogue. They can also unleash new controversy. The Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region is a formulaic proposal advanced by Morocco to describe the broad outlines for Sahrawi autonomy under Moroccan sovereignty. It has been the subject of debate within the international community since it was first introduced in April 2007. Until now, however, discussion of its efficacy as a formulaic basis for a negotiated resolution to the Western Sahara dispute has largely outweighed serious consideration of how the proposal relates to current understandings of international law concerning self-determination and free association. Like Western Sahara, the Cook Islands, Niue, Aceh, New Caledonia, and Bougainville are cases of non-self-governing territories and other high autonomy arrangements where there has been recognition of the need to substitute, as the basis for ending the conflict, a comprehensive negotiated political status, in place of frequently unworkable or unattractive alternatives such as a contentious referendum on independence, open-ended talks, or continued armed conflict. In light of the lessons learned from actual state practice and international responses in the foregoing cases, an assessment of the present Moroccan proposal demonstrates that with some improvements, it may offer a viable new starting point for negotiations. The result of using this plan as a formula to restart negotiations can be the attainment for Western Sahara of a full measure of self-government ‐ in a manner consistent with international law ‐ by means of free association.

scholarly journals Mathematics as a Means of Professional Self-Determination of Students

2020 ◽  
pp. 145-157
Author(s):  
A. D. Nakhman ◽  
Keyword(s):  
Mathematical Modeling ◽  
The Self ◽  
Self Determination ◽  
Professional Activity ◽  
Professional Orientation ◽  
Determination Process ◽  
Professional Self ◽  
Task Oriented ◽  
Oriented Material

The main provisions of the concept of professional self-determination of students by means of the discipline “Mathematics” are given. There are three main stages of the self-determination process. It is argued that at each stage of mathematics is inherent in the ability to indirectly promote professional self-determination in various fields of activity, and the means of realizing such opportunities is task-oriented material of a practice-oriented and professionally-oriented nature. It is proposed to consider these problems in the context of the process of mathematical modeling. The tasks of the “pre-professional” orientation were analyzed and recommended for use, corresponding to each of the stages of self-determination and stimulating interest in such areas of professional activity as construction, economics, medicine, jurisprudence, etc.

scholarly journals You can’t have your cake and eat it too: Portugal and the self-determination of Western Sahara

2019 ◽  
Vol 5 (2) ◽  
pp. 103-127
Author(s):  
Francisco Pereira Coutinho
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
East Timor ◽  
The Self ◽  
Self Determination ◽  
Diplomatic Relations ◽  
Western Sahara ◽  
Court Of Justice ◽  
The Eu

Western Sahara self-determination posits a conundrum to Portuguese foreign policy. Moral and legal imperatives which stem from the relentless efforts taken in the 80’s and the 90’s advocating in international fora the self-determination of East Timor impel the pursuit of an idealistic diplomacy of unconditional support for the akin self-determination of Western Sahara. Political, strategic, economic, historical and cultural ties dictate a realpolitik aimed at fostering diplomatic relations with Morocco without shunning Algeria, another key stakeholder in the Maghreb region. These constraints motivated the adoption of an impartial and equidistant position towards the Western Sahara conflict. This strategy was exposed after the Court of Justice ceased in Front Polisario, the de facto application of the EU/Morocco agreements in Western Sahara. Notwithstanding multiple pledges to the contrary, the Portuguese Government picked Morocco’s side in the conflict by lodging written interventions aimed at neutralizing the Court of Justice of the EU, and by approving Council decisions that expressly extend EU/Morocco agreements to Western Sahara in breach of EU and international law.

scholarly journals Self-Determination, Occupation and the Authority to Exploit Natural Resources: Trajectories from Four European Judgments on Western Sahara

2019 ◽  
Vol 52 (1) ◽  
pp. 3-29 ◽  
Author(s):  
Pål Wrange
Keyword(s):  
European Union ◽  
Natural Resources ◽  
Trade Agreement ◽  
Self Determination ◽  
General View ◽  
The European Union ◽  
Western Sahara ◽  
Court Of Justice ◽  
The Law ◽  
Grand Chamber

In two recent cases before the Court of Justice of the European Union (CJEU), the General Court (at first instance), the High Court of Justice of England and Wales and the Grand Chamber of the CJEU found that a trade agreement and a fisheries agreement between Morocco and the European Union cannot be applied to occupied Western Sahara without the consent of its people. In spite of the fact that it is the general view that Western Sahara is under belligerent occupation, none of the three courts invoked the law of occupation but based themselves instead on the principle of self-determination and the law governing the administration of non-self-governing territories, including the principle of permanent sovereignty over natural resources. A possible implication of these judgments is that that law and the law of occupation are converging in certain respects, in particular as regards long-term occupation. This pertains not only to the substantive rules on the exercise of authority, which seem to require that the people are heard, but also to the basis for the establishment of that authority, namely bare control.

The European Union’s Common Fisheries Policy, the Right to Self-determination and Permanent Sovereignty over Natural Resources

2019 ◽  
Vol 35 (1) ◽  
pp. 82-105
Author(s):  
Anne-Carlijn Prickartz
Keyword(s):  
Natural Resources ◽  
Self Determination ◽  
Western Sahara ◽  
European Court ◽  
Fisheries Policy ◽  
Scope Of Application ◽  
Partnership Agreement ◽  
The Right ◽  
The Impact ◽  
The Eu

Abstract In Front Polisario and Western Sahara Campaign UK, the European Court of Justice applied the principles of self-determination and permanent sovereignty over natural resources, deciding that the various international agreements concluded with Morocco, including the Fisheries Partnership Agreement and its 2013 Protocol, should be interpreted as excluding Western Sahara’s territory and adjacent waters. These cases and Western Sahara’s situation more generally raise several questions regarding the external aspect of the European Union’s (EU) Common Fisheries Policy and the impact of international law on the EU’s fisheries agreements. In particular, the principle of self-determination may require the scope of application of the EU’s fisheries agreements to be (more) limited to safeguard the interests of those peoples protected by the principles of self-determination and permanent sovereignty over natural resources. This article outlines the continued influence of the principle of self-determination, including its influence on the actions of the EU.

scholarly journals Ethnoreligious dichotomization in Serbian epic poetry

Sociologija ◽  
2019 ◽  
Vol 61 (1) ◽  
pp. 113-132
Author(s):  
Nemanja Kostic
Keyword(s):  
Religious Affiliation ◽  
The Self ◽  
Epic Poetry ◽  
The Other ◽  
Self Determination ◽  
Class Relations ◽  
Social Ranking ◽  
Determination Process ◽  
The One ◽  
Interactionist Approach

By using certain theoretical settings of ethno-symbolic and interactionist approach to the phenomena of nation and nationalism, this paper?s aim is to explain and reconstruct various pre-modern forms of ethno-religious dichotomization widely present in Serbian folk epic poetry. In that purpose, the paper displays ideas about ?other? communities that were nurtured in the Serbian epic poetry, where these ideas were interpreted as a reflection and consequence of concrete socio-historical circumstances. Special attention was given to examining the interconfessional and inter-class relations, which could have vastly influenced the self-determination process for the members of Serbian ethnic community. In other words, the factors of religious affiliation, social ranking and ethnicity are recognized as key determinants in establishing ethnoreligious dichotomization in the epic literature. The findings of the study showed that the most pronounced and most represented ethno-religious boundary in the epic poetry was set in relations to the Ottomans and Islam. On the other hand, the scarcity, incoherency or the lack of distinction of the dichotomization in relations to non-Ottoman communities, Greeks, Bulgarians, Hungarians, ?Latins?, Albanians and Arabs show that this boundary was not particularly defined, unlike the one with the Ottomans, who were different not only in terms of ethnicity, but also in terms of religion and class.

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