Self-Determination

2019 ◽  
pp. 22-59
Author(s):  
Rauna Kuokkanen
Keyword(s):  
Decision Making ◽  
International Law ◽  
Political Discourse ◽  
Self Determination ◽  
Relational Autonomy ◽  
Distinct Entity ◽  
Political Autonomy ◽  
Rights Discourse ◽  
Exclusive Focus

Chapter 1 examines the conceptions of Indigenous self-determination. It begins with an overview of the global political discourse of Indigenous self-determination as a foundational right articulated especially within the UN framework since the 1980s. Drawing on the author’s fieldwork and building on Iris Marion Young’s concept of nondomination and Jennifer Nedelsky’s theory of relational autonomy, the chapter develops a theory of Indigenous self-determination that posits it as a foundational value that seeks to restructure all relations of domination, including gender, governance, colonial social and material relations, and unequal relations of justice. The chapter argues that an exclusive focus on the rights discourse provides a limited legalistic and state-centered conception of Indigenous self-determination that does not reflect the breadth of Indigenous self-determination, nor pays adequate attention to relations of domination beyond the state. In the participant interviews, Indigenous self-determination was defined in much broader terms than political autonomy construed as having control of one’s own affairs and decision-making powers as a distinct entity. Instead of focusing on politics and international law, the participants typically discussed the underlying values shaping their conceptions of Indigenous self-determination such as relationality, the paramount significance of the land, and freedom from domination.

The Nomos and the Gaze

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
International Law ◽  
Popular Sovereignty ◽  
Self Determination ◽  
National Sovereignty ◽  
Territorial Integrity ◽  
Political Autonomy ◽  
The Gaze ◽  
Main Factors ◽  
The Right

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers interpret the national sovereignty, territorial integrity, and political autonomy of everyone else. After having proposed a number of new ways of looking at the claims of the right to self-determination, Chapter 6 ends on a sobering note: as long as jurists remain preoccupied with their own disciplinary self-determination and ‘linguistic’ purity, they will continue reproducing the flat, monochromatic, and vacuous imaginary of popular sovereignty.

The Right to Self-Determination of Ethnic Groups: The Canton of Jura in Switzerland

2016 ◽  
Vol 23 (2) ◽  
pp. 250-269
Author(s):  
Tina Kempin Reuter
Keyword(s):  
Decision Making ◽  
International Law ◽  
Ethnic Groups ◽  
Role Model ◽  
Self Determination ◽  
Decision Making Process ◽  
Territorial Claims ◽  
The Right

The right to self-determination of peoples has become interconnected with the rights of ethnic groups, including the right to determine the group’s own affairs and to participate in the decision-making process of the state. This article argues that a “people-centred” understanding of the right to self-determination is evolving in international law in response to emerging claims of non-traditional non-state actors such as ethnic groups. The case study of the establishment and continuing negotiations over the boundaries of the canton of Jura in Switzerland serves as an illustration of such a “people-centred” approach to self-determination. Findings suggest that the approach taken by the Bernese and Jurassians can serve as a role model for other ethnic groups in constitutional democracies with territorial claims.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

Scham und Autonomie

2012 ◽  
Vol 2012 (1) ◽  
pp. 163-192
Author(s):  
Sonja Rinofner-Kreidl
Keyword(s):  
Decision Making ◽  
Social Dynamics ◽  
Self Esteem ◽  
Self Determination ◽  
Intentional Content ◽  
Conceptual Clarification ◽  
The Social ◽  
Conventional Behavior ◽  
And Control

Autonomy is associated with intellectual self-preservation and self-determination. Shame, on the contrary, bears a loss of approval, self-esteem and control. Being afflicted with shame, we suffer from social dependencies that by no means have been freely chosen. Moreover, undergoing various experiences of shame, our power of reflection turns out to be severly limited owing to emotional embarrassment. In both ways, shame seems to be bound to heteronomy. This situation strongly calls for conceptual clarification. For this purpose, we introduce a threestage model of self-determination which comprises i) autonomy as capability of decision-making relating to given sets of choices, ii) self-commitment in terms of setting and harmonizing goals, and iii) self-realization in compliance with some range of persistently approved goals. Accordingly, the presuppositions and distinctive marks of shame-experiences are made explicit. Within this framework, we explore the intricate relation between autonomy and shame by focusing on two questions: on what conditions could conventional behavior be considered as self-determined? How should one characterize the varying roles of actors that are involved in typical cases of shame-experiences? In this connection, we advance the thesis that the social dynamics of shame turns into ambiguous positions relating to motivation, intentional content,and actors’ roles.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

Investment Management and the Investment Chain

2017 ◽  
Author(s):  
Diane-Laure Arjaliès ◽  
Philip Grant ◽  
Iain Hardie ◽  
Donald MacKenzie ◽  
Ekaterina Svetlova
Keyword(s):  
Decision Making ◽  
Asset Management ◽  
Investment Decisions ◽  
Investment Management ◽  
Money Flows ◽  
Central Argument ◽  
A Chain ◽  
Asset Managers

Chapter 1 introduces the idea of the chain as related to investment management. It highlights the increasing importance and influence of the asset management industry and argues that, despite this fact, the behaviour and decision-making of asset managers has been little studied. The chapter suggests that investment decisions today cannot be understood by focusing on isolated investors. Rather, most of their money flows through a chain: a sequence of intermediaries that ‘sit between’ savers and companies/governments. The chapter introduces the central argument of the book that investment management is shaped profoundly by the opportunities and constraints that this chain creates.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

Purchasing Power and Self-Determination: Social Worker Perspectives

2021 ◽  
Author(s):  
Charlotte Bailey ◽  
Debbie Plath ◽  
Alankaar Sharma
Keyword(s):  
Decision Making ◽  
Social Work ◽  
Social Workers ◽  
Work Practice ◽  
Social Work Practice ◽  
Self Determination ◽  
Purchasing Power ◽  
Service Users ◽  
Structured Interviews ◽  
Management Approaches

Abstract The international policy trend towards personalised budgets, which is designed to offer people with disabilities purchasing power to choose services that suit them, is exemplified in the Australian National Disability Insurance Scheme (NDIS). This article examines how the ‘purchasing power’ afforded to service users through individualised budgets impacts on social work practice and the choice and self-determination of NDIS service users. Social workers’ views were sought on the alignment between the NDIS principles of choice and control and social work principles of participation and self-determination and how their social work practice has changed in order to facilitate client access to supports through NDIS budgets and meaningful participation in decision-making. A survey was completed by forty-five social workers, and in-depth semi-structured interviews were conducted with five of these participants. The findings identify how social workers have responded to the shortfalls of the NDIS by the following: interpreting information for clients; assisting service users to navigate complex service provision systems; supporting clients through goal setting, decision-making and implementation of action plans; and adopting case management approaches. The incorporation of social work services into the NDIS service model is proposed in order to facilitate meaningful choice and self-determination associated with purchasing power.

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