scholarly journals Reinterpreting Exceptions to the Use of Force in the Interest of Security: Forcible Intervention by Invitation and the Demise of the Negative Equality Principle

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 307-311 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
Public Goods ◽  
Use Of Force ◽  
Self Determination ◽  
Military Assistance ◽  
Civil Conflicts ◽  
Territorial State ◽  
Legal Challenges ◽  
The Right ◽  
United Nations Charter

This essay describes tensions that arise between two types of public goods enshrined in the United Nations Charter—the right to self-determination of people(s) within a territorial state and peace and security—in situations in which recognized governments in conflict-torn countries request military assistance from third states against opposition groups. It illuminates legal challenges in reconciling these public goods in practice, at a time when collective peacekeeping mechanisms appear unable to prevent or terminate civil conflicts and their destabilizing regional impact.

Reflections on the Indonesian Case

1948 ◽  
Vol 1 (1) ◽  
pp. 59-81 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
United Nations ◽  
Security Council ◽  
Self Determination ◽  
Equal Rights ◽  
General Assertion ◽  
Form Of Government ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter

The tangled affairs of Indonesia, twice thrust upon the Security Council, have served as an admirable touchstone of the principles, purposes, and effectiveness of the United Nations as well as of the policies of some of its leading members. Fundamental principles of the new postwar order were at stake. The Atlantic Charter had affirmed the right of all peoples to choose the form of government under which they would live, and the collapse of empires before the Japanese onslaught led to the widespread conclusion that the old colonial system was dead. These doctrines found sober and modified expression not only in Chapter XI of the United Nations Charter, but also in the more general assertion of the principle of equal rights and self-determination of peoples and of the universal application of human rights and fundamental freedoms. The rights of dependent peoples, the validity of the doctrine of self-determination, and the possibilities for peaceful change all hovered about the Security Council chamber in the course of the debates on the two Indonesian cases.

The Right of Secession in Public International Law

1983 ◽  
Vol 20 ◽  
pp. 24-78 ◽  
Author(s):  
Daniel Turp
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Community ◽  
Self Determination ◽  
Public International Law ◽  
The Right ◽  
United Nations Charter ◽  
Right Of Self Determination

SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

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.

Resolution 530 (1983

1984 ◽  
Vol 23 (4) ◽  
pp. 838-840
Keyword(s):  
United Nations ◽  
Central America ◽  
Use Of Force ◽  
Foreign Minister ◽  
Self Determination ◽  
Northern Border ◽  
The United Nations ◽  
The Republic ◽  
The One

The Security Council,Having heard the statement of the Foreign Minister of the Republic of Nicaragua,Having also heard the statements of various States Members of the United Nations in the course of the debate,Deeply concerned, on the one hand, at the situation prevailing on and insid the northern border of Nicaragua and, on the other hand, at the consequent dange of a military confrontation between Honduras and Nicaragua, which could further aggravate the existing crisis.situation in Central America,Recalling all the relevant principles of the Charter of the United Nations,, particularly the obligation of States to settle their disputes exclusively by peaceful means, not to resort to the threat or use of force and to respect the self-determination of peoples and the sovereign independence of all States,Noting the widespread desire expressed by the States concerned to achieve solutions to the differences between them,

scholarly journals What and who prevent the Kurdish people from exercising their right to self-determination?

2020 ◽  
Vol 16 (2) ◽  
pp. 293-302
Author(s):  
Dzhamal Z. Mutagirov ◽  
Keyword(s):  
Social System ◽  
Self Determination ◽  
System Study ◽  
Equal Rights ◽  
Native Languages ◽  
World Community ◽  
The World ◽  
The Right ◽  
United Nations Charter ◽  
Methodological Aspects

It will soon be 75 years since the United Nations Charter proclaimed the equal rights of peoples including their right to self-determination, as well as the obligations of countries — members to protect these rights collectively. In 1966, the International Covenants on Human Rights were signed and entered into force in 1976. So began with the confirmation of the right of peoples to self-determination and clarification of the content of this right. In subsequent decades, the UN and continental organizations have adopted hundreds of international agreements on certain as- pects of people’s rights (to choose a social system, study in native languages, to development and progress, etc.). However, many ethnic groups still cannot use their lawfully granted rights due to reasons which are beyond their control. The author of the article provides an explanation of the reasons preventing people from realizing the selfdetermination right recognized by the world community on the example of the Kurdish people. The theoretical and methodological aspects of the problem may be equally applicable to other peoples who, against their will, find themselves in multinational states.

scholarly journals Gender problems in newborns: social, medical and legal aspects

2019 ◽  
Vol 64 (3) ◽  
pp. 124-128
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Sexual Development ◽  
Developmental Disorders ◽  
Coming Of Age ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Self Determination ◽  
Constitutional Principle ◽  
The Right

Objective of the study. To analyze the modern literature on the legal regulation of the determination of the sex of newborns with disturbances of sexual development in Russia and abroad, as well as the right of these children for self-determination of their sex upon coming of age. Material and methods. The review is based on the domestic and foreign literature published overthe past 7 years, including in Pubmed. Results. There were revealed the modern problems of the legal regulation of determining the sex of newborns with developmental disorders in the territory of the Russian Federation. Conclusion. The right to the sex self-determination of  the children born with impaired sexual development upon coming of  age requires careful analysis by medical experts, as from a legal point of view it contributes to a more complete implementation of the constitutional principle of equality regardless of gender and ensures human rights in accordance with their perception and attitude.

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