The Western Liberal Constitution’s Internationalized Making

2020 ◽  
pp. 152-180
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Secretary General ◽  
Self Determination ◽  
Market Democracy ◽  
The United Nations ◽  
Economic Philosophy ◽  
The Right ◽  
Law Making

This chapter chronologically traces the Western liberal Constitution’s internationalization from 1919-1960 to establish UNCA’s birth in 1949, rejection in 1960 and revival in 1960. This chapter comprises three sections. Section 1 traces a rise in the Constitution’s internationalization from 1919 to 1960. Section two covers the United Nations’ role from 1949-1952 in assisting Libya, a former Italian colony, adopt the Constitution and emerge independent. UNCA was rejected in 1960 because the right to self-determination morphed into an absolute right for all colonies, whereby they henceforth enjoyed a right to sculpt constitutions of their choice. At this juncture, UNCA serves a limited purpose: to implement decolonization. Section 3 outlines former UN Secretary-General, Dag Hammarskjold’s economic philosophy and his efforts at reviving united nations constitutional assistance to ensure Congo morphs into a market democracy. A discussion of the UN’s constitutional assistance from 1960-64 reveals that its use had nothing to do with perceived local incapacities for governance and how it spawned and guided UN or International territorial administration (e.g., law-making) there.

Epilogue

2019 ◽  
pp. 176-182
Author(s):  
Adom Getachew
Keyword(s):  
United Nations ◽  
International Institutions ◽  
The State ◽  
Self Determination ◽  
Institutional Form ◽  
American Imperialism ◽  
Postcolonial State ◽  
The United Nations ◽  
The Right ◽  
Critical Resources

This epilogue charts the fall of self-determination and illustrates that the collapse of anticolonial worldmaking continues to structure our contemporary moment. Picking up in the immediate aftermath of the NIEO, it locates self-determination's fall in two developments—the increasingly critical orientation of Western intellectuals and politicians toward the right to self-determination as well as the diminution of international institutions like the United Nations where anticolonial nationalists had staged their worldmaking. Together the normative erosion of self-determination and marginalization of the United Nations set the stage for the resurgence of international hierarchy and a newly unrestrained American imperialism. At the same time, the critical resources of anticolonial nationalism appeared to be exhausted as the institutional form of the postcolonial state fell short of its democratic and egalitarian aspirations, and anticolonial worldmaking retreated into a minimalist defense of the state.

Tibetans Wait for China's Next Move

Worldview ◽  
1980 ◽  
Vol 23 (1-2) ◽  
pp. 36-39
Author(s):  
Kesang Tseten
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Civil Liberties ◽  
Self Determination ◽  
General Assembly ◽  
The United Nations ◽  
The Right ◽  
American Civil Liberties Union ◽  
The U.S ◽  
International League

AbstractIt has been twenty years since the Tibetan uprising. Last March, Tibetans and their American supporters rallied outside the United Nations building to commemorate that uprising against Chinese troops occupying the Tibetan homeland.Roger Baldwin, founder of the American Civil Liberties Union and honorary president of the International League for Human Rights, was there calling for support of resolutions passed three times by the U.S. General Assembly, in 1959, 1961, and 1965. The U.S. called “for respect for the fundamental human rights of the Tibetan people and for their right to self-determination.” The rally, Baldwin said, was to protest the “subjection of six million people to foreign rule” and to uphold “the right to live in your own house.” The nonagenarian champion of civil liberties expressed some hope: “It may be that autonomy, semi-independence in Tibet, may be granted when China settles down into the modernization it seeks.”

The United Nations and the Evolving Right to Self-Determination

1998 ◽  
Vol 47 (3) ◽  
pp. 537-572 ◽  
Author(s):  
Helen Quane
Keyword(s):  
United Nations ◽  
Self Determination ◽  
Clear Definition ◽  
Theoretical Interest ◽  
The United Nations ◽  
Definition Of ◽  
The Right ◽  
Practical Implications ◽  
Elusive Concept

The right of peoples to self-determination is an elusive concept. There is no clear definition of “peoples” or of what the right entails. Instead, there are numerous and at times conflicting interpretations of self-determination. The existence of these various interpretations is not merely of academic or theoretical interest. It can have considerable practical implications.

What Children and Parents Think about Children’s Right to Participation

2018 ◽  
Vol 26 (2) ◽  
pp. 295-328
Author(s):  
Hanita Kosher
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
Self Determination ◽  
Perceptions And Attitudes ◽  
Children And Parents ◽  
United Nations Convention ◽  
Right To Participation ◽  
The United Nations ◽  
The Right ◽  
Actual Participation

Recent years have witnessed an increase in the global commitment to children’s rights in general and their rights to self-determination and participation in particular. This has been firmly expressed in the United Nations Convention on the Rights of Children, which recognises the right of children to participate in decisions about their own lives. The present study examined perceptions and attitudes regarding the concept of children’s right to participation among children and parents from Israel. The results indicate that children showed a tendency to support the right to participation to a greater extent than the parents. The results also revealed that the attitudes of children and parents varied by the context and situation in which the right to participation is realised (school, family, and public settings). Finally, children’s actual participation was found to be associated with children’s and parents’ attitudes towards children’s right to participation.

scholarly journals Secession, Democracy & Human Rights

2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Patrick Reimers
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Self Determination ◽  
Spontaneous Order ◽  
Political Scientist ◽  
Current Process ◽  
Coercive Behavior ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter

The United Nations (UN) officially declared "self-determination" as a right of all peoples. Although the United Nations Charter (1945) offers some guidelines for the application of this right, there are major challenges in its implementation in the case of secessionist tendencies. Faced with this situation, the economist Jörg Guido Hülsmann, in his essay Secession and the Production of Defense, discussed not only the argument that pure private production is always superior to public and compulsory schemes, but also the current process of secession which, should always be justified against violent and coercive behavior of governments against (part of) its population. Hülsmann's ideas are presented in the contrast of the latest secessionist movements in Catalonia and Scotland, and in combination with Hayek's concept of "spontaneous order." The separatist movementin Catalonia is also analyzed based on the ideas of political scientist Margaret Moore, who advocates three types of normative theories that can justify the right to secession.

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.

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