Kosovo's Declaration of Independence: Self-Determination and Sovereignty Revisited

2008 ◽  
Vol 33 (4) ◽  
pp. 401-435 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
International Law ◽  
Political Process ◽  
Self Determination ◽  
State Sovereignty ◽  
The Political ◽  
Declaration Of Independence ◽  
Un Security Council ◽  
Legal Arguments ◽  
The Impact

Abstract In this article, the author analyzes the implications of Kosovo's declaration of independence on state sovereignty and the principle of self-determination of peoples. He begins with an outline of the political process leading to the declaration of independence and the reactions of the international community thereto in which he also presents the various legal arguments raised for and against the lawfulness of Kosovo's secession from Serbia. The author continues with a discussion of whether the principle of self-determination of peoples does apply in the Kosovo case and whether the operation of this principle would justify a 'remedial secession'. Subsequently, he analyzes whether UN Security Council Resolution 1244 may be a legal barrier to Kosovo's independence to the extent that Serbia does not consent to such independence. Finally, in view of the extensive powers vested in the new international presence following Kosovo's declaration of independence, he discusses whether Kosovo fulfills the criteria of effective government and independence for being a state under general international law. The author concludes that international law remains controversial as to questions pertaining to conflicts between state sovereignty and self-determination of peoples and particularly to 'remedial secession', and that it is still too early to determine the impact of the Kosovo case on the development of international law.

INTEGRATION OF THE RUSSIAN YOUTH INTO POLITICAL PROCESS: SEARCH OF CONDITIONS AND FACTORS OF EFFICIENCY

2015 ◽  
Vol 10 (5) ◽  
pp. 100-104
Author(s):  
Малик ◽  
Elena Malik
Keyword(s):  
Political Process ◽  
Self Determination ◽  
Political Life ◽  
Political Activity ◽  
The Political ◽  
Youth Group ◽  
Political Position ◽  
The One ◽  
New Generation

In the article the problems of formation and realization of participation of new generation of the Russian youth in political life of the society are revealed. The author shows specifics of formation of the political position of young citizens. Differentiation of valuable representations of youth group joining to political process is given. The author reasons the influence of the factors effecting political expression and self-determination of young citizens. On the one hand, the youth has the necessary potential of influence on the political sphere of state institutes, and on the other hand, it needs the support of social and political activity from state and public institutes. The importance of the conditions necessary for effective activization of participation opportunities of young citizens in the political process of the country is presented.

scholarly journals The principle of equality and self-determination of peoples and the problem of recognition of new state formations

2020 ◽  
Vol 6 (Extra-C) ◽  
pp. 7-11
Author(s):  
Yulia Nikolaevna Avdonina ◽  
Guzel Firdinatovna Nagumanova
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Self Determination ◽  
International Court Of Justice ◽  
Systematic Analysis ◽  
Human Rights Council ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council

The researchers put forward the thesis that in the case of systematic analysis of scientific views inherent in individual scientists, there is an opposition of the principle of equality and self-determination of peoples to the principle of the territorial integrity of states, and at the same time, in law enforcement practice there are various acts that do not meet the signs of uniformity in the interpretation of the principle of equality and self-determination of peoples. All this together leads not so much to a pluralism of opinions, but to the emergence of various kinds of legal conflicts. Additionally, the authors try to pose the problem of recognizing new state formations as subjects of international law, and also propose separate approaches to the processes that make it possible to recognize such states. So, at the end of the paper, the researchers set a vector for the continuation of the discussion, which speaks of giving such powers either the UN Security Council, or the Human Rights Council, or the International Court of Justice, subject to additional procedural requirements.    

Ukraine, International Law, and the Political Economy of Self-Determination

2015 ◽  
Vol 16 (3) ◽  
pp. 434-451 ◽  
Author(s):  
Umut Özsu
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
World Order ◽  
Self Determination ◽  
The Political ◽  
Legal Analysis ◽  
Legal Rhetoric ◽  
Collective Self ◽  
Legal Arguments ◽  
Ukraine Crisis

AbstractThis article attempts to destabilize the assumption that self-determination can be restricted to a “purely legal” analysis of the sort to which most international legal scholars have conventionally confined themselves. It does so by focusing upon the conditions under which the legal rhetoric of collective self-determination came to be mobilized during the course of Russia's incursion into and subsequent annexation of Crimea in early 2014, as well as its ongoing deployment in the context of Russia's political, military, and financial support for self-declared “people's republics” in Donetsk and Luhansk. After briefly examining legal arguments in support of and in opposition to Russia's actions, the article argues that the Ukraine crisis problematizes the traditional reluctance of international lawyers to engage with the complex, and often counterintuitive, articulations of self-determination offered by participants in armed conflict. Recourse to self-determination cannot be understood without appreciating the concrete politico-economic pressures in response to which states are created and recreated. The alternately “lofty” and “cynical” formulations of self-determination that have characterized the ongoing struggle in and over Ukraine can only be understood in light of protracted competition between rival class projects that generate significantly different visions of world order. This compels us to confront the class dimensions of the concept of collective self-determination rather than continuing to conceive it as a purely national, or ethno-national, project of recognition or emancipation.

Back to the Westminster model? The Brexit process and the UK political system

2021 ◽  
pp. 019251212096737
Author(s):  
Gianfranco Baldini ◽  
Edoardo Bressanelli ◽  
Emanuele Massetti
Keyword(s):  
Political System ◽  
Party System ◽  
Political Process ◽  
Three Dimensions ◽  
Executive Power ◽  
The Political ◽  
Westminster Model ◽  
The Uk ◽  
Quantitative Indicators ◽  
The Impact

This article investigates the impact of Brexit on the British political system. By critically engaging with the conceptualisation of the Westminster model proposed by Arend Lijphart, it analyses the strains of Brexit on three dimensions developed from from Lijphart’s framework: elections and the party system, executive– legislative dynamics and the relationship between central and devolved administrations. Supplementing quantitative indicators with an in-depth qualitative analysis, the article shows that the process of Brexit has ultimately reaffirmed, with some important caveats, key features of the Westminster model: the resilience of the two-party system, executive dominance over Parliament and the unitary character of the political system. Inheriting a context marked by the progressive weakening of key majoritarian features of the political system, the Brexit process has brought back some of the traditional executive power-hoarding dynamics. Yet, this prevailing trend has created strains and resistances that keep the political process open to different developments.

scholarly journals “Indigenous sovereignty” and right to self-determination in international law: a critical appraisal

2021 ◽  
Vol 17 (1) ◽  
pp. 71-82
Author(s):  
Rashwet Shrinkhal
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Critical Appraisal ◽  
Indigenous Population ◽  
Moral Authority ◽  
Self Determination ◽  
The Political ◽  
Indigenous Sovereignty

It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.

Rwanda: the Political Failure of the UN Security Council

2020 ◽  
Vol 22 (1-4) ◽  
pp. 17-39
Author(s):  
Ambassador Colin Keating
Keyword(s):  
Security Council ◽  
The Political ◽  
Peacekeeping Operations ◽  
Un Security Council ◽  
The Impact ◽  
Political Failure

This article discusses the role of the UN Security Council during the crisis in Rwanda in 1993/94. It focuses on the peacekeeping dimensions of the Council’s involvement. It is a perspective from a practitioner, rather than an academic. It also makes some observations about whether the Rwanda crisis has had an enduring influence on Security Council practice. It does not address the impact on practical aspects of peacekeeping or on the UN Department of Peacekeeping Operations.

Rethinking sovereignty in international fiscal policy

2011 ◽  
Vol 37 (5) ◽  
pp. 2107-2120 ◽  
Author(s):  
PETER DIETSCH
Keyword(s):  
Fiscal Policy ◽  
Distributive Justice ◽  
International Law ◽  
Well Being ◽  
Self Determination ◽  
State Sovereignty ◽  
Modern State ◽  
State Governments

AbstractThe power to raise taxes is a sine qua non for the functioning of the modern state. Governments frequently defend the independence of their fiscal policy as a matter of sovereignty. This article challenges this defence by demonstrating that it relies on an antiquated conception of sovereignty. Instead of the Westphalian sovereignty centred on non-intervention that has long dominated relations between states, today's fiscal interdependence calls for a conception of sovereignty that assigns duties as well as rights to states. While such a circumscribed conception of sovereignty has emerged in other areas of international law in recent years, it has yet to be extended to fiscal questions. Here, these duties arguably include obligations of transparency, of respect for the fiscal choices of other countries, and of distributive justice. The resulting conception of sovereignty is one that emphasises its instrumental as well as its conditional character. Neither state sovereignty nor self-determination is an end in itself, but a means to promoting individual well-being. It is conditional in the sense that if states do not live up to their fiscal obligations towards other states, their claims to autonomy are void.

Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

2020 ◽  
pp. 1-21
Author(s):  
Muhamad Sayuti Hassan ◽  
Rohaida Nordin
Keyword(s):  
Political Participation ◽  
International Law ◽  
Aboriginal People ◽  
Well Being ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
The Right

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

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