Chapter 4 A Contemporary Interpretation of the Principles of Sovereignty, Territorial Integrity and Self-Determination, and the Kosovo Conundrum

2011 ◽  
pp. 109-141
2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh

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.


Author(s):  
O. Bolotnikova

The author explores the phenomenon of today's ethnic conflicts which are less frequently turning into the wars between states. The author uses the cases of the countries of former Soviet Union, Western Europe, Africa in order to examine important aspects of the ethnic conflicts settlement. It is concluded that the heart of the problems is the correlation between two fundamental principles of the international law (usually regarded as antagonists in terms of the settlement of such conflicts). Namely, these are the principle of states’ territorial integrity and the principle of peoples’ right to self-determination.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.


1974 ◽  
Vol 13 (2) ◽  
pp. 448-453

Reaffirm the direct responsibility which the United Nations assumed with regard to Namibia and reiterate its determination to ensure that the Namibian people achieve self-determination and independence based on the principle of national unity and territorial integrity.Reaffirm the mandate of the Council and the necessity that the Council be consulted on all matters relating to Namibia.


2018 ◽  
Vol 50 (2) ◽  
pp. 323-327 ◽  
Author(s):  
Ariel I. Ahram

Since 2011, Arab states have faced unprecedented challenges to their territorial integrity. Movements in Kurdistan, southern Arabia, and Cyrenaica have all made unilateral bids to secure administrative and coercive control over territory. While some disavow secessionism, their agendas for separation clearly undermine their respective parent state, Syria, Iraq, Yemen, and Libya. Added to this is the Islamic State (IS), intent on breaking all the borders of the region and establishing a new caliphate. It is easy to see the emergence and empowerment of these movements as steps in the crumbling of artificial colonially constructed states and the reassertion of more ancient and organic clan, sect, and tribal allegiances. Yet these movements represent less a reversion to primoridialism than a reassertion of claims to self-determination that had been overridden in the course of 20th-century state formation.


2017 ◽  
Vol 50 (2) ◽  
pp. 211-225 ◽  
Author(s):  
Natalia Cwicinskaja

Thomas D Grant's Aggression Against Ukraine: Territory, Responsibility and International Law (Palgrave Macmillan 2015) is the first book which offers a careful, meticulous examination of all aspects of Russia's involvement in Crimea in 2014 in terms of international law, as well as of both Russian and Ukrainian municipal legal orders. It covers probably the widest possible spectrum of legal issues connected with Russia's involvement in Crimea and provides a comprehensive, analytical overview of relevant modern rules of international law in the field of territorial integrity, self-determination and use of force.


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