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 Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?

2011 ◽  
Vol 13 (4) ◽  
pp. 413-436 ◽  
Author(s):  
Mauro Barelli
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Straightforward Manner ◽  
History Of ◽  
United Nations Declaration ◽  
The Right ◽  
Right Of Self Determination ◽  
Do So

AbstractThe right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does the right of self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.

scholarly journals Individual secession and extraterritoriality

2021 ◽  
pp. 195-239
Author(s):  
Joakim Kämpe
Keyword(s):  
Key Words ◽  
Private Property ◽  
Jel Classification ◽  
Self Determination ◽  
Individual Rights ◽  
Palabras Clave ◽  
Evolving System ◽  
The Right ◽  
Do So

The purpose of this paper is to take Mises’ observation on the need for the right of secession in order for the liberal program for peace and prosperity to be realized, and remove the doubts that he voiced regarding the feasibility of extending this right to individuals. We do so by explicating the theoretical and historical foundation of the concept of extraterritoriality, and by showing how extra-, or non-, territoriality is the only system which is consistent with individual rights, private property, and the non-aggression principle. By allowing for individual secession our proposal represents a highly decentralized, dynamically efficient, competitive, voluntary and constantly evolving system, and it would allow for an increasing diversification of law codes fully consistent with people’s subjective wishes. Key words: Extra-territoriality, Secession, Self-determination, Praxeology. JEL Classification: A10, A12, K00, K10, N40. Resumen: El propósito de este ensayo consiste en tomar la observación de Mises acerca de la necesidad de aceptar el derecho de secesión si se pre-tende hacer del programa liberal de paz y responsabilidad una realidad, y eliminar las dudas por él expresadas en relación a la posibilidad de ex-tender tal derecho al individuo. Llevamos a cabo dicha tarea por medio de la explicación de los fundamentos teóricos e históricos del concepto de extra-territorialidad y mostrando cómo la extraterritorialidad (o mejor aún, la no territorialidad) es el único sistema coherente con los derechos individuales, la propiedad privada y el principio de no agresión. Al permitir la secesión individual nuestra propuesta plantea un sistema altamente descentralizado, dinámicamente eficiente, competitivo, voluntario y en constante evolución, que además podría dar lugar a una creciente diversificación de los códigos legales de acuerdo a los deseos subjetivos de los individuos. Palabras clave: Extraterritorialidad, Secesión, Autodeterminación, Praxeo-logía. Clasificación JEL: A10, A12, K00, K10, N40.

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

scholarly journals Crossing the Border:

2020 ◽  
Author(s):  
alan e.d. smith
Keyword(s):  
Papua New Guinea ◽  
Necessary Conditions ◽  
New Guinea ◽  
Self Determination ◽  
Australian Government ◽  
Public Controversy ◽  
Irian Jaya ◽  
The Right ◽  
First Time ◽  
Do So

Synopsis The response of the Papua New Guinea government to the refugee influx of 1984 was conditioned by the Australian administration’s approach to border management prior to Papua New Guinea independence and by the Papua New Guinea - Indonesia border agreement. This approach is one of containment. The unprecedented scale of the refugee influx in 1984 caused a policy crisis for Papua New Guinea. Efforts to encourage refugees to return home met resistance from the refugees and caused public controversy. In 1985 when West Papuan refugees arrived in Australia for the first time, the Australian government demonstrated it's continuing commitment to the policy of containment which was reflected in its refusal to support Papua New Guinea's attempts to internationalise the issue. The refugee influx afforded Papua New Guinea a legitimate opportunity to press for the cause of the problem to be examined. But it's attempts to do so were abandoned for want of international, crucially Australian, support. A massive influx of refugees should automatically set in motion an international process to examine root causes of the influx in order to bring about the necessary conditions for voluntary repatriation. The achievement of the changes in Irian Jaya necessary to resolve the conflict between West Papuan nationalists and the Indonesian state may depend on the creation of new international measures to address the whole class of frustrated claims to the right of self-determination. What is needed is an authoritative international process through which self-determination claims can be assessed and a range of forms through which the aspirations they represent can be satisfied.

Suicidal Ideation and Self-Determination in Institutionalized Elderly

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  
Keyword(s):  
Self Determination ◽  
Current Debate ◽  
Elderly Persons ◽  
Rational Suicide ◽  
Institutionalized Elderly ◽  
Significant Difference ◽  
Social Subscale ◽  
Civil Status ◽  
The Right ◽  
Taking Action

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

Memories for the Return? Remembering the Nakba by the First Generation of Palestinian Refugees in Syria

2017 ◽  
Vol 16 (2) ◽  
pp. 177-192 ◽  
Author(s):  
Anaheed Al-Hardan
Keyword(s):  
First Generation ◽  
Palestinian Refugees ◽  
Oslo Accords ◽  
Right Of Return ◽  
Palestinian Refugee ◽  
Temporal And Spatial ◽  
The Right ◽  
Political Realities ◽  
The Way

The 1948 Nakba has, in light of the 1993 Oslo Accords and Palestinian refugee activists' mobilisation around the right of return, taken on a new-found centrality and importance in Palestinian refugee communities. Closely-related to this, members of the ‘Generation of Palestine’, the only individuals who can recollect Nakba memories, have come to be seen as the guardians of memories that are eventually to reclaim the homeland. These historical, social and political realities are deeply rooted in the ways in which the few remaining members of the generation of Palestine recollect 1948. Moreover, as members of communities that were destroyed in Palestine, and whose common and temporal and spatial frameworks were non-linearly constituted anew in Syria, one of the multiples meanings of the Nakba today can be found in the way the refugee communities perceive and define this generation.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

Sign in / Sign up

Export Citation Format

Share Document