Group Secession

2021 ◽  
pp. 155-179
Author(s):  
Levy O’Flynn.
Keyword(s):  
Legal Status ◽  
Potential Role ◽  
International System ◽  
Self Determination ◽  
Public Values ◽  
Public Value ◽  
Sovereign State ◽  
The Right ◽  
Do So

This chapter looks at Deliberative Peace Referendums in the context of secession—that is, where the members of a territorially concentrated group seek legal and political separation from a larger sovereign state of which the group has been an integral part. They typically do so with the aim of establishing a new sovereign state that enjoys international legal status on a par with other states in the international system. As we will see, secession is essentially unilateral: the decision to secede from the existing state rests ultimately with the seceding group. Consequently, the idea that secession referendums should be based on concurrent consent among more than one group will be out of place. Yet while the consent of the existing state may not be formally required, the degree to which the seceding group seeks to include others in its deliberations may make an important difference to how the legitimacy of the referendum is perceived—domestically, regionally, and internationally. In secession conflicts, therefore, Deliberative Peace Referendum design must reflect both the unilateral nature of the decision and the need to reach out to individuals in the existing state, the wider region, and international community. To this end, we consider (among other matters) both the structure of the ballot and the potential role of mini-publics. However, before doing so, we first discuss a prior question. Various legal and political philosophers disagree about when secession is justified. Some argue that secession cannot be sensibly justified on self-determination grounds. By corollary, they argue that the referendum should play no part in our thinking about secession conflicts. Against this view, we argue that the right to self-determination is an important public value of the sort that Rawls describes. Like all such values, it needs to be weighed in the balance against other, competing public values—which is to say that it can and should be tested through a Deliberative Peace Referendum

Official Language Designation: Constitution-Building Primer 20

2021 ◽  
Author(s):  
Sujit Choudhry ◽  
Erin Houlihan
Keyword(s):  
Legal Status ◽  
Official Language ◽  
Official Languages ◽  
Multi Level ◽  
The Government ◽  
Right To Communicate ◽  
Constitution Building ◽  
The Right ◽  
Do So

Modern constitutions typically contain a variety of provisions on language. They may designate one or more official languages, each with a different kind of legal status. Constitutions may also create language rights, usually held by minority-language speakers, granting groups and individuals the right to communicate with, and receive services from, the government in their native tongue. In systems of multi-level governance, constitutions may vest the authority to designate official language(s) for each order of government. This Primer addresses the role of language in constitutional design, and the key considerations, implications and potential challenges that arise in multilingual states. It discusses the range of claims around language as a constitutional issue, and the potential consequences of successfully addressing these claims—or failing to do so.

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.

Revitalising Waqf (endowment) lands for agribusiness: potentials of the anchor company models

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah
Keyword(s):  
Household Income ◽  
Design Methodology ◽  
Potential Role ◽  
Islamic Law ◽  
Living Condition ◽  
Previous Literature ◽  
Content Type ◽  
Muslim Countries ◽  
The Right

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.

scholarly journals Climate governance in an international system under conservative hegemony: the role of major powers

2012 ◽  
Vol 55 (spe) ◽  
pp. 9-29 ◽  
Author(s):  
Eduardo Viola ◽  
Matías Franchini ◽  
Thaís Lemos Ribeiro
Keyword(s):  
Climate Change ◽  
International Relations ◽  
Global Climate ◽  
International System ◽  
Exploratory Research ◽  
Climate Governance ◽  
Major Powers ◽  
Common Character ◽  
Do So

In the last five years, climate change has been established as a central civilizational driver of our time. As a result of this development, the most diversified social processes - as well as the fields of science which study them - have had their dynamics altered. In International Relations, this double challenge could be explained as follows: 1) in empirical terms, climate change imposes a deepening of cooperation levels on the international community, considering the global common character of the atmosphere; and 2) to International Relations as a discipline, climate change demands from the scientific community a conceptual review of the categories designed to approach the development of global climate governance. The goal of this article is to discuss in both conceptual and empirical terms the structure of global climate change governance, through an exploratory research, aiming at identifying the key elements that allow understanding its dynamics. To do so, we rely on the concept of climate powers. This discussion is grounded in the following framework: we now live in an international system under conservative hegemony that is unable to properly respond to the problems of interdependence, among which - and mainly -, the climate issue.

scholarly journals Acordos de Sokovia e os Limites do Poder: Capitão América e Reflexões Sobre o Papel da Superpotência no Sistema Internacional

2020 ◽  
Vol 9 (2) ◽  
pp. 434-456
Author(s):  
Liliane Klein Garcia
Keyword(s):  
Cold War ◽  
Civil War ◽  
International Relations ◽  
International System ◽  
International Relations Theory ◽  
American People ◽  
Sovereign State ◽  
Captain America ◽  
The Cold War

Ao observar o sistema unipolar que emergiu do final da Guerra Fria, é marcante o sentimento de insegurança geopolítica gerada pela existência de apenas uma superpotência global e as dúvidas da atuação do Estado soberano nessa conjuntura. Nesse paradigma, Capitão América: Guerra Civil é lançado com uma simbologia contestadora do papel do hegemon no sistema internacional. Com isso, inicialmente é exposto o enredo do filme, seguido das teorias liberal e realista das Relações Internacionais e da semiótica greimasiana. Com isso em vista, é feita a análise dos símbolos do longa-metragem e, por fim, se conclui que os autores do texto tinham como objetivo disseminar uma mensagem de união política entre os americanos.     Abstract: Observing the unipolar system emerging from the closure of the Cold War, is remarkable the sentiment of geopolitical insecurity generated by the existence of only one global superpower and the doubts about the role of the sovereign State in such system. In this paradigm, Captain America: Civil War is released with a contesting symbology about the role of the hegemon in the international system. Therefore, first it is exposed the movie plot, followed by the liberal and realist theories of international relations and the French semiotics. With this in mind, the symbols in the feature are analised and, in conclusion, it is stated that the authors wish to convey a message in bipartisan union amongst the American people. Keywords: International Relations Theory, Semiotics, Captain America.     Recebido em: setembro/2019. Aprovado em: maio/2020.

The persistence of the right of return

2017 ◽  
Vol 16 (4) ◽  
pp. 375-399 ◽  
Author(s):  
Victor Tadros
Keyword(s):  
Self Determination ◽  
Current Generation ◽  
Right Of Return ◽  
Significant Interest ◽  
Security Costs ◽  
The Right ◽  
Do So

This article defends the right that Palestinians have to return to the territory governed by Israel. However, it does not defend the duty on Israel to permit return. Whether there is such a duty depends on whether the economic, social and security costs override that right. In order to defend the right of return, it is shown both that the current generation of Palestinians retain a significant interest in return, and that insofar as their interests are diminished, their rights are not diminished proportionally. The interests of Jewish Israelis in excluding the Palestinians are then considered. Their rights of self-determination, it is argued, do not powerfully favour excluding the Palestinians. The economic, social and security costs may do so. Overall, I conclude that either the Israel should grant return to the Palestinians or it should properly acknowledge the right of return and respond appropriately through a powerful effort to compensate and resettle them.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

World Order after Caucasian War

2010 ◽  
pp. 11-17
Author(s):  
V. Sheinis
Keyword(s):  
World Order ◽  
Double Standard ◽  
Self Determination ◽  
Policy Choice ◽  
International Policy ◽  
The World ◽  
The Right ◽  
Supranational Institutions ◽  
The U.S

The world order based on Yalta and Potsdam decisions as well as on two nuclear superpowers infighting has filed as a history. What is coming up to take its place? A correlation between power and law in international policy, national sovereignty and supranational institutions, territorial integrity of states and the right of nations to self-determination, bloc infighting atavisms, so called "double standard" and international interventions – these are critical debating points that the author develops his own approach to. The role of the U.S. in world policy, and the foreign policy choice of Russia are also examined.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

The influence of prescriptive norms and negative externalities on bribery decisions in the lab

2019 ◽  
Vol 31 (3) ◽  
pp. 287-312 ◽  
Author(s):  
Carlos Maximiliano Senci ◽  
Hipólito Hasrun ◽  
Rodrigo Moro ◽  
Esteban Freidin
Keyword(s):  
Public Official ◽  
Synergic Effect ◽  
Negative Externalities ◽  
Monetary Benefit ◽  
Self Interest ◽  
The Right ◽  
Do So

In most bribery games in the literature, there is no mention of rights and duties associated to participants’ roles. Authors have hitherto relied on loaded frames, negative externalities, and the possibility of sanctions to implicitly signal prescriptive norms. We argue that participants’ interpretation of these factors may not be univocal. In this study, a participant in the role of a common citizen either did or did not acquire the right to obtain a monetary benefit and could offer a bribe to an associated participant in the role of public official. This participant, in turn, had an explicit duty of providing the benefit only if the citizen acquired the right to it. Conditions with/without the acquisition of the right were crossed with the presence/absence of negative externalities associated with transgressions of the official’s duty. One last (fifth) condition mimicked other bribery games in the literature which rely on loaded frames and negative externalities but no information on rights and duties. We found that both the presence of externalities and information about rights were effective bribery deterrents, and that bribe offers and acceptances were most discouraged with their synergic effect. Interestingly, officials followed prescriptive information even when it was inefficient to do so (when there were no externalities), and implied choosing against their material self-interest (by rejecting a bribe), and not reciprocating bribe offers. We conclude by highlighting the limits of making generalizations from results without explicit normative information and the relevance of present findings as anti-corruption behavioral insights.

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