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.

Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

2020 ◽  
pp. 1-21
Author(s):  
Muhamad Sayuti Hassan ◽  
Rohaida Nordin
Keyword(s):  
Political Participation ◽  
International Law ◽  
Aboriginal People ◽  
Well Being ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
The Right

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

scholarly journals Outsourcing energy retrofitting of hotel buildings: the decision-making process

2019 ◽  
Vol 266 ◽  
pp. 01016 ◽  
Author(s):  
M.F.F. Fasna ◽  
Sachie Gunatilake
Keyword(s):  
Decision Making ◽  
Energy Performance ◽  
Decision Making Process ◽  
Existing Buildings ◽  
Energy Retrofit ◽  
Energy Efficiency Improvement ◽  
Adoption And Implementation ◽  
Energy Service ◽  
The Right

Poor energy performance of existing buildings worldwide has led to a crucial need to retrofit existing buildings to minimise energy consumption. Among the existing buildings, hotels use as much as 50% of their total expenses on energy and offer significant opportunities for energy efficiency improvement. Yet, comparatively the level of implementation of energy retrofits found to be low, which has attributed to, inter alia, the absence of a clearly defined process for ensuring the delivery of energy retrofit projects and lack of proactive guidance for project teams to ensure that they make the right decisions at the right time to achieve the desired outcomes. Since many energy retrofit projects in existing hotels are carried out with the involvement of an external contractor, or an Energy Service Company (ESCO), this study focuses on investigating the decision-making process in implementing energy retrofits when the project is outsourced to an external party. An in-depth case study is used to obtain insights into the critical decisions to be taken and key activities to be performed throughout the decision-making process. The findings are used to propose a step-by-step decision-making process comprising of three key phases: i.e., pre-retrofit, retrofit implementation and post-retrofit. It is hoped that the decision-making process developed in this study will serve as a roadmap for the effective adoption and implementation of energy retrofits in existing hotel buildings when an external contractor is involved.

scholarly journals The Right to Self-Determination of Modern Secessionist Movements under International Law

2021 ◽  
Vol 10 (1) ◽  
pp. 285-302
Author(s):  
Ja’far Mohammad Khair Al Sabbagh
Keyword(s):  
International Law ◽  
Self Determination ◽  
Historical Background ◽  
Parent State ◽  
The World ◽  
New States ◽  
The Stability ◽  
The Right ◽  
Universal Order

States’ boundaries have changed to a large extent over the course of time, in fact, the world has not always been the same as nowadays. In place of archaic forms of social organisation, the universal order has appeared where determinate and inviolable borders play a crucial role in ensuring the stability of states and resisting separatist movements. At the same time, secessionist movements throughout the world continually aim to gain independence from the ‘parent’ state invoking the right to self-determination. In this paper, the researcher will examine whether a part of the population of a state or a sub-unit of that state has a right to secede and create a new state and/or integrate into another. The article consists of a strong theoretical part dealing with statehood, self-determination and secession with a view of the dynamic development of these notions since the rapid birth of many new states as a result of decolonization. Thereafter, the validity of the gathered results will be verified by a comparative analysis of the cases of Kosovo, Crimea and Catalonia with regard to the historical background of these secessionist entities.

scholarly journals History of self-determination of the people of Donbass. experience of the Soviet Republic of Donetsk and Krivoy Rog

2019 ◽  
pp. 148-152
Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva
Keyword(s):  
International Law ◽  
Cultural Development ◽  
Self Determination ◽  
Political Status ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Right ◽  
Historical Past

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.

Medical Research on Minors in Finland

2008 ◽  
Vol 15 (2) ◽  
pp. 135-144 ◽  
Author(s):  
Salla Lötjönen
Keyword(s):  
Decision Making ◽  
Medical Research ◽  
Working Group ◽  
Legal Regulation ◽  
Self Determination ◽  
Policy Makers ◽  
Case Examples ◽  
The Right

AbstractThis article concerns the legal regulation of medical research on children in Finland. The topic is covered by the Medical Research Act of 1999 and by the Recommendations issued by the Working group on medical research on children in 2003. The Decisions of the Parliamentary Ombudsman also play an important role in this area in Finland. The article focuses on two specific issues: involvement of guardians in decision-making for the child, and the expansion of the right to self-determination of minors. Two case examples on these topics are also discussed. Overall, the author comes to the conclusion that the Finnish legislation, policy-makers, investigators and the industry have succeeded well in taking into account international legislation in this area, although there is also room for improvement.

Part Three Protection and Solutions, VI Focusing on Specific Rights

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Humanitarian Law ◽  
Human Beings ◽  
Mena Region ◽  
Cultural Economic ◽  
Palestinian Refugees ◽  
The Right

This chapter focuses on a number of specific rights and entitlements of Palestinian refugees under international law, including the rights to self-determination, return, and compensation, as well as a number of civic, cultural, economic, political, and social rights, relevant because of the protracted nature of Palestinians’ exile and the main vulnerabilities to protection threats, as discussed in Part II. Despite being firmly established in international law, and being reaffirmed multiple times by the United Nations, both the right to self-determination of the Palestinian people, and the right to return and compensation of the refugees, remain unmet. This is largely because of the lack of a solution in accordance with international law. The chapter argues that recognizing other fundamental rights of the Palestinians as refugees, stateless persons, and/or protected persons under international humanitarian law, and above all, as human beings, does not undermine the right to return and rather helps ensure human dignity while a just and lasting solution remains pending. These rights remain an important benchmark for assessing the treatment of Palestinian refugees in the MENA region and beyond, for as long as the more fundamental rights to self-determination, return, restitution, and compensation remain unrealized.

Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination

2008 ◽  
Vol 2 (1) ◽  
pp. 1-25
Author(s):  
Yuval Shany
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Political Union ◽  
Political Preferences ◽  
Opt Out ◽  
Israeli Arabs ◽  
The Will ◽  
The Right

In “The Blessing of Departure—Exchange of Populated Territories The Lieberman Plan as an Abstract Exercise in Demographic Transformation,” Prof. Timothy Waters offers a strong endorsement of the right of ethnic majorities within a state to redefine their state's boundaries in ways consistent with the majority's right to self-determination and to opt out of a political union with minority groups, regardless of the latter's' political preferences. Applied to the Israeli context, Waters concludes that parts of the Lieberman Plan—a plan advocating the redrawing of Israel borders, inter alia, in ways which exclude some areas populated by Israeli citizens belonging to the Arab-Palestinian minority (Israeli-Arabs)—does not run afoul of international law (although Waters accepts that the Plan might be politically undesirable).This short response challenges two points that are central to Waters’s analysis. First, that the right to self-determination of peoples—in particular, the right to external self-determination (i.e., the right to create independent or other types of polities that express the will of an identifiable “people”)—is subject to temporal or contextual limitations. The right is fully applicable only in exceptional and formative moments in the life of a nation—e.g., during the formation of a new polity or the collapse of an existing political arrangement (which invites the configuration of new political entities in their lieu), and when states systematically fail to respect the basic interest of some of the groups that comprise its populace—i.e., in response to extraordinary situations of groups exclusion or oppression. Second, even if Waters is correct and an ongoing right to self-determination—including, a right to secede from existing states—is available to ethnic groups comprising diverse national societies, the invocation of such a right must necessarily be limited by other positive rules of international law designed to protect group and individual interests. Specifically, Waters’s concept of self-determination as a right of a preliminary nature, that overrides other human rights (which are themselves often characterized as rights of a pre-political nature), is debatable.

Choosing action plans for strategic manufacturing objectives using AHP

2019 ◽  
Vol 30 (1) ◽  
pp. 180-194 ◽  
Author(s):  
Andrea Chiarini
Keyword(s):  
Decision Making ◽  
Action Plan ◽  
Decision Making Process ◽  
Action Plans ◽  
Manufacturing Strategy ◽  
Analytic Hierarchy ◽  
Managerial Style ◽  
Content Type ◽  
The Right

Purpose The purpose of this paper is to investigate whether the analytic hierarchy process (AHP) methodology can help in the decision-making process of choosing action plans linked to manufacturing strategy. The research also analyses the path which some managers followed for defining and selecting the action plans as well as the organisational obstacles and pitfalls the managers encountered. Design/methodology/approach The authors conducted an exploratory case study in a medium-sized Italian manufacturing company. The authors collected, coded and discussed data from the AHP implementation. Furthermore, during the observation of how the managers dealt with the decision-making path, the authors collected, coded and discussed the qualitative data. Findings Results showed that AHP made the decision-making process of choosing between alternative plans more objective. However, the authors observed obstacles and pitfalls mainly linked to organisational aspects such as creating team and staff’s awareness, involvement and commitment as well as staff’s skills. Other interesting findings are linked to the creation of managers’ consensus and the top manager’s managerial style and how the latter could affect the AHP consistency ratio. Research limitations/implications This research is based on a case study. The findings need to be tested by other scholars and practitioners in different organisations. Moreover, issues such as management consensus and negotiation in manufacturing organisations and managerial style need further research. Practical implications AHP methodology can help practitioners who are dealing with the deployment of strategic manufacturing objectives and who are trying to employ methods for choosing the right action plan. Besides, practitioners are aware of specific organisational obstacles and pitfalls encountered on the strategic deployment path. Originality/value This paper proposes for the first time the use of the AHP methodology for choosing between action plans derived from strategic manufacturing objectives.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

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