18. The right to self-determination

10.1093/he/9780198805212.003.0017 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

Self Determination ◽

Current Debate ◽

Human Rights Law ◽

Territorial Integrity ◽

The Future ◽

International Human ◽

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

The Right of Self-Determination: Its Emergence, Development, and Controversy

Jurnal Konstitusi ◽

10.31078/jk1211 ◽

2016 ◽

Vol 12 (1) ◽

pp. 1

Author(s):

Munafrizal Manan

Keyword(s):

Human Rights ◽

International Law ◽

Self Determination ◽

Human Rights Law ◽

Human Right ◽

International Human ◽

The Right ◽

Right Of Self Determination

This paper discusses the right of self-determinationfrom international law and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

6. International Human Rights Law

Cases & Materials on International Law ◽

10.1093/he/9780198727644.003.0006 ◽

2016 ◽

Author(s):

Martin Dixon ◽

Robert McCorquodale ◽

Sarah Williams

Keyword(s):

Human Rights ◽

Self Determination ◽

Human Rights Law ◽

International Protection ◽

Protection Of Human Rights ◽

International Human ◽

The Right ◽

Right Of Self Determination

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.

Decolonizing Indigenous Law: Self-Determination and Vulnerability in the Mapuche Case

Education, Human Rights and Peace in Sustainable Development ◽

10.5772/intechopen.89020 ◽

2020 ◽

Author(s):

Jorge Aillapán Quinteros

Keyword(s):

Human Rights ◽

Indigenous People ◽

Self Determination ◽

Human Rights Law ◽

Indigenous Law ◽

Mapuche People ◽

International Human ◽

In the present essay, the author—and Mapuche, at the same time—critically analyzes the construction of the Mapuche people as a “vulnerable human group” under the International Human Rights Law and then, according to decolonial option, proposes a hypothesis: if the indigenous people are vulnerable, by definition, to claim the right to self-determination, in the Mapuche case, it is an oxymoron.

A Comparative Study on the Right to appoint Defense Counsel and the Right of Interview and Communication with Defense Counsel - In the Light of the International Human Rights Law -

Kyung Hee Law Journal ◽

10.15539/khlj.49.4.9 ◽

2014 ◽

Vol 49 (4) ◽

pp. 255-284

Author(s):

Joo Ho No

Keyword(s):

Human Rights ◽

Comparative Study ◽

Human Rights Law ◽

Defense Counsel ◽

International Human ◽

Principles, Sources and Remedies for Violation of the Right to Assigned Legal Assistance in International Human Rights Law

SSRN Electronic Journal ◽

10.2139/ssrn.1028900 ◽

2002 ◽

Author(s):

Richard J. Wilson

Keyword(s):

Human Rights ◽

Legal Assistance ◽

Human Rights Law ◽

International Human ◽

Quality Control for New Rights in International Human Rights Law: A Case Study of the Right to a Good Enviroment

Australian Year Book of International Law ◽

10.22145/aybil.33.4 ◽

2015 ◽

Vol 33 ◽

Author(s):

Bridget Lewis

Keyword(s):

Quality Control ◽

Human Rights ◽

Human Rights Law ◽

International Human ◽

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

Asia Pacific Journal on Human Rights and the Law ◽

10.1163/15718158-22020003 ◽

2021 ◽

Vol 22 (2) ◽

pp. 255-286

Author(s):

Ignatius Yordan Nugraha

Keyword(s):

Human Rights ◽

Local Population ◽

Constitutional Court ◽

Human Rights Law ◽

International Human ◽

Right To Vote ◽

The Right ◽

Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.