Middle East Legal and Governmental Pluralism: A View of the Field from the Demos

2012 ◽  
Vol 4 (2-3) ◽  
pp. 225-263 ◽  
Author(s):  
James Tully
Keyword(s):  
Transitional Justice ◽  
Self Determination ◽  
Democratic Regime ◽  
Political Pluralism ◽  
Form Of Government ◽  
Democratic Authority ◽  
New Form ◽  
The Right ◽  
Right Of Self Determination

The article addresses the following question: Can a people change their form of government and law and bring them permanently under their shared democratic authority by nonviolent, participatory democratic means? It examines this question through the example of the nonviolent Egyptian Spring. It also addresses the questions of whether this is a new form of the right of self-determination of peoples as well as an alternative to the current models of transitional justice. The means used to address these questions are adapted from the methods of legal and political pluralism, the politics of nonviolence and participatory democracy. Its objective is to place the nonviolent Egyptian Spring in the broader context of nonviolent and democratic regime transformation since Decolonization.

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.

scholarly journals Legal sanctity of consent for surgical procedures in India

2012 ◽  
Vol 01 (02) ◽  
pp. 139-143 ◽  
Author(s):  
Gauri Sharma ◽  
P. Sarat Chandra ◽  
Vivek Tandon
Keyword(s):  
Informed Consent ◽  
Surgical Procedures ◽  
Surgical Procedure ◽  
Self Determination ◽  
Neurosurgical Procedures ◽  
Impaired Consciousness ◽  
Neurosurgical Patients ◽  
The Right ◽  
Right Of Self Determination

Abstract As surgeons, we are morally committed to respecting the right of self-determination of patients, thus an informed consent is necessary before any operative intervention. Many neurosurgical patients are incapable of giving consent because of impaired consciousness. Moreover, neurosurgical procedures involve high risks and often are time sensitive; therefore obtaining consent is a challenging job. Patients and their family members need immense courage, understanding, and trust before giving consent for a surgical procedure to a doctor. Lawsuits against doctors are on the rise and it is important to understand “what is consent?” in legal parlance.

PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR

2021 ◽  
Vol 6 (1) ◽  
pp. 139-156
Author(s):  
Yordan Gunawan ◽  
Desi Nur Cahya Kusuma Putri ◽  
Ravenska Marchdiva Sienda ◽  
Sigit Rosidi ◽  
Ami Cintia Melinda
Keyword(s):  
Self Determination ◽  
Legal Research ◽  
Indian Government ◽  
Martial Law ◽  
Jammu And Kashmir ◽  
Security Forces ◽  
The People ◽  
The Right ◽  
Right Of Self Determination

The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.

The Right of Secession in Public International Law

1983 ◽  
Vol 20 ◽  
pp. 24-78 ◽  
Author(s):  
Daniel Turp
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Community ◽  
Self Determination ◽  
Public International Law ◽  
The Right ◽  
United Nations Charter ◽  
Right Of Self Determination

SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.

Le droit des peuples: l’autodétermination dans le contexte canadien

1997 ◽  
Vol 34 ◽  
pp. 215-232
Author(s):  
André Binette
Keyword(s):  
Self Determination ◽  
Native Peoples ◽  
The Law ◽  
To Come ◽  
The Right ◽  
Right Of Self Determination

SommaireProfessor Cassese’s latest book is a major contribution to the study of the Law and the practice of self-determination of peoples. This work is particularly relevant for the jurist who is trying to analyze the cases of the Québécois and the Native peoples of Canada within the present debate on the evolution of the right of self-determination. Although the author’s views will not be shared by all, they will remain an indispensable reference for many years to come.

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