scholarly journals The Issues of Secession in the Process of the Rise and Fall of States in the Light of International Law

2019 ◽  
Vol 8 ◽  
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
International Law ◽  
International System ◽  
Point Of View ◽  
Global Perspective ◽  
Self Determination ◽  
Simple Fact ◽  
The One ◽  
The Right ◽  
Constituent Elements ◽  
Secessionist Movement

The aims of this contribution is to check the validity of the old theory, which goes back to Jellinek but is still dominant, which states that secession as well as the process of forming a new state, fall under the scope of a “simple fact” and thereby escape through definition to any law of way. According to this theory, secession is not a question of “Law” but a question of pure fact, failure or success: if a secessionist movement succeeds in establishing a new effectiveness, that is to say, puts in place the “Constituent elements” of a state, a new state is born. It is interesting to observe that with the phenomenon of the rise or the collapse of States, from the global perspective of international order and especially from the point of view of international law, the States concerned are, in practice, not simply left to their fate. On the contrary, the rise or the collapse of a State anywhere in the world is seen as a matter of concern for the international community, since the international system as a whole is felt to be affected. In such cases, international reactions have not been manifested primarily through the States as such, either indi-vidually or together. Basically, these reactions had to cope with the dilemma of choos-ing between two fundamental principles of legitimacy in international law: on the one hand, the sovereignty and equality of States and, on the other, the right of peoples to self-determination.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

Actual Problems of the Enjoyment of the Right to Self-determination in the Modern Conditions

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Марьяна Напсо ◽  
Maryana Napso
Keyword(s):  
International Law ◽  
Political Development ◽  
Self Determination ◽  
Consensus Building ◽  
Ethnic Communities ◽  
Strict Adherence ◽  
Depth Study ◽  
The One ◽  
Procedural Components ◽  
The Right

The article covers the problem of the actualization of the right to self-determination for the current conditions, when various forms of ethnic self-assertion play significant role, and therefore, the collective rights of ethnic communities. The complexity of the processes of national and political development requires, on the one hand, strict adherence to international law, on the other hand, in-depth study of the concrete historical situation and consensus-building between all concerned parties. Therefore, it is rightful to consider the question on the interpretation of the right to self-determination for the specific conditions and the development of the mechanisms for its implementation by concerned parties, taking into account the features of these conditions and the interests of the parties. This will ensure a departure from the traditional forms of enjoyment of the right to self-determination, which adequately reflect the characteristics of a particular socio-political situation. On that basis, the author considers that it is productive to examine the problem of self-determination as a process of reconciling the interests, having a substantive and procedural components.

scholarly journals International Law, Western States, Third World States, and the Principles of Right to Economic Self-Determination

2020 ◽  
Vol 7 (2) ◽  
pp. 195-215
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Economic Development ◽  
International Law ◽  
International System ◽  
Well Being ◽  
Theory And Practice ◽  
Policy Implications ◽  
Self Determination ◽  
Economic Exploitation ◽  
Theoretical Approaches ◽  
The Right

In practice, international law appears to have worked against those principles that accord the people of a State the right to economic self-determination, such as the principle of free choice in economic development. This paper argues that the exercise of the right to economic self- determination (particularly economic development freedom or free economic development) has been hampered, and has not been freely pursued in practice by developing countries, due to hegemonic control, economic exploitation and domination by the ‘powers that be’ within the international system. This research examines those principles of international law that accord the peoples of a State the right to free economic development, both in theory and practice; it also provides insights into legal policy implications and the prospects of international law in this area. This paper utilises the well-being and liberal-economic legal theoretical approaches, and interdisciplinary and critical-analytical perspectives, within the framework of international economic law and development.

scholarly journals The One-State as a Demand of International Law: Jus Cogens, Challenging Apartheid and the Legal Validity of Israel

2013 ◽  
Vol 12 (2) ◽  
pp. 181-205
Author(s):  
Oren Ben-Dor
Keyword(s):  
International Law ◽  
International Crime ◽  
Self Determination ◽  
State Recognition ◽  
Democratic State ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
State Of Israel

This article provides the initial contours of an argument that uses International Law to challenge the validity of Israeli apartheid. It challenges the conventional discourse of legal debates on Israel's actions and borders and seeks to link the illegalities of these actions to the validity of an inbuilt Israeli apartheid. The argument also connects the deontological doctrine of peremptory norms of International Law (jus cogens), the right of self-determination and the International Crime of Apartheid to the doctrine of state recognition. It applies these to the State of Israel and the vision of a single democratic state in historic Palestine.

scholarly journals The Emerging Right to Good Governance

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 89-93
Author(s):  
Dobrochna Bach-Golecka
Keyword(s):  
International Law ◽  
Good Governance ◽  
Democratic Governance ◽  
Public Affairs ◽  
Political Community ◽  
Self Determination ◽  
Voting Procedures ◽  
The One ◽  
The Right ◽  
Procedural Aspect

From the perspective of international law, democracy may be regarded as a multifaceted phenomenon. On the one hand, it reflects the collective right of self-governance of a particular political community; on the other hand, it reflects an individual entitlement to participate in the conduct of public affairs of one's country. Democracy is connected to the principle of self-determination, understood as the freedom of a group to decide the system under which it wishes to live, while requiring a formalized set of voting procedures in order to implement this freedom. Democracy is focused on the procedural aspect of organizing elections, while not mandating any particular substantive outcome of those elections. In this essay, I propose that the right to democratic governance should be supplemented with a more robust concept: the substantive notion of good governance.

scholarly journals To The Question of the Right of Indigenous Peoples to Self-Determination and Its Interpretation in International Law

2019 ◽  
Vol 9 (1) ◽  
pp. 5127-5129
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Point Of View ◽  
Self Determination ◽  
Government Officials ◽  
The Public ◽  
Wide Circle ◽  
New Interpretation ◽  
The Right

It is well known that the right of indigenous peoples to self-determination today, as well as in the past, continues to be one of the most complex and difficult to solve issues for both national and international law as a whole. It certainly arouses great interest in itself and attracts attention from a wide circle of the public, excites the minds, and at the same time engenders the broadest discussions. Those discussions often provoke an aggravation of the already not benevolent relationship between indigenous peoples and government officials in their countries of residence. Along with this, those relationships continue to be defined and considered by most indigenous peoples of the world as the “foundation” on which their rights rest, as well as their survival and preservation as separate and independent peoples. Given this circumstance, the team of authors of this paper made an attempt to consider this controversial issue from a somewhat alternative point of view in relation to traditional concepts of self-determination of peoples, namely, from the standpoint of human rights and development policy. Thus, the authors bring a new interpretation to the discussion and study of this issue, which needs to be specified and defined.

The Right of Nations to Self-Determination in the Context of the Regaining of Independence by Poland — an International-Law Analysis

2019 ◽  
Vol Special Issue ◽  
pp. 7-14
Author(s):  
Małgorzata Andrzejczak-Świątek
Keyword(s):  
World War Ii ◽  
International Law ◽  
French Revolution ◽  
Point Of View ◽  
Self Determination ◽  
World War ◽  
Human Rights Protection ◽  
The People ◽  
The Right

This article aims to show the problem of self-determination of the people in the light of contemporary standards of international law, as well as to compare them with the factual and legal basis of regaining independence by Poland in 1918. The principle of the right of people to self-determination as one of the basic rules of international law was proclaimed only after World War II, however, concepts conferring on the population living in a given territory to decide about themselves appeared before the French Revolution. The issue of the right to self-determination of people is extremely complex — after World War II, there was in this respect the development of treaty guarantees concluded with international agreements for the system of human rights protection, which sanctioned this right as the only subjective collective right. On the other hand, the practice of contemporary states on this issue is not uniform and largely depends on the acceptance of the facts by the international community. From the point of view of developing the right to self-determination of people, and thus the right to independence, the case of Poland is extremely interesting not only because of the historical and political background, but also because it can be treated as a precedent in international law in the context of recognition and acceptance of independence by the state.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

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