Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

I. Diplomatic Representations and Diplomatic Protection

2002 ◽  
Vol 51 (3) ◽  
pp. 723-733 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organisations ◽  
Civil Action ◽  
Diplomatic Protection ◽  
Foreign State ◽  
European Court ◽  
The Right ◽  
Right Of Access

The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation.

scholarly journals Entre os Direitos Culturais e a Ecologia Humana / Between Cultural Rights And Human Ecology

2021 ◽  
Vol 15 (57) ◽  
pp. 828-851
Author(s):  
Larissa Fernanda De Alencar Souza ◽  
Juracy Marques dos Santos
Keyword(s):  
Human Rights ◽  
Human Ecology ◽  
Public Policies ◽  
Cultural Ecology ◽  
Democratic Governance ◽  
Self Determination ◽  
Cultural Rights ◽  
Definition Of ◽  
The Right

Resumo: O trabalho em epígrafe visa discutir as relações que se estendem entre os direitos culturais e a Ecologia Humana. De forma bibliográfica e analítica, apresentamos o percurso que leva da definição de cultura aos direitos culturais. Dentro dessa discussão, analisamos a Declaração Universal dos Direitos Humanos como primeiro passo de promoção dos direitos culturais, importante para aprofundamento da discussão e extensão no devido debate. Num segundo momento, destacam-se os direitos culturais e políticas públicas culturais no Brasil, apresentando um histórico que passa pela constituição a aplicação de direitos culturais por meio das políticas públicas desenvolvidas. Por conseguinte, se discute a Ecologia humana em seu âmbito de Ecologia Cultural, em favor de analisar a importância de direitos culturais dentro desta matéria. Com base na Declaração de Friburgo, documento internacional que versa sobre a aplicação de direitos culturais, essa análise se dará através de 3 aspectos: a autodeterminação dos povos, o direito a identidade e patrimônio cultural, e os princípios de governança democrática. Assim, compreendemos que a ecologia humana cultural e os direitos culturais possuem uma relação mútua e interdependente para alcançar seus objetivos. Palavras-chave: Ecologia Cultural; Direitos Humanos; Autodeterminação dos Povos; Governança Democrática. Abstract: The above work aims to discuss the relationships that extend between cultural rights and Human Ecology. In a bibliographical and analytical way, we present the path that leads from the definition of culture to cultural rights. Within this discussion, we analyze the Universal Declaration of Human Rights as a first step in promoting cultural rights, which is important for deepening the discussion and extending the due debate. In a second moment, cultural rights and cultural public policies in Brazil stand out, presenting a history that goes through the constitution and application of cultural rights through the developed public policies. Therefore, human ecology is discussed in its scope of cultural ecology, in favor of analyzing the importance of cultural rights within this matter. Based on the Friborg Declaration, an international document that deals with the application of cultural rights, this analysis will be carried out through 3 aspects: the self-determination of peoples, the right to identity and cultural heritage, and the principles of democratic governance. Thus, we understand that cultural human ecology and cultural rights have a mutual and interdependent relationship to achieve their goals. Keywords: Cultural Ecology; Human Rights; Self-determination of People; Democratic Governance. 

scholarly journals Mathematics as a Means of Professional Self-Determination of Students

2020 ◽  
pp. 145-157
Author(s):  
A. D. Nakhman ◽  
Keyword(s):  
Mathematical Modeling ◽  
The Self ◽  
Self Determination ◽  
Professional Activity ◽  
Professional Orientation ◽  
Determination Process ◽  
Professional Self ◽  
Task Oriented ◽  
Oriented Material

The main provisions of the concept of professional self-determination of students by means of the discipline “Mathematics” are given. There are three main stages of the self-determination process. It is argued that at each stage of mathematics is inherent in the ability to indirectly promote professional self-determination in various fields of activity, and the means of realizing such opportunities is task-oriented material of a practice-oriented and professionally-oriented nature. It is proposed to consider these problems in the context of the process of mathematical modeling. The tasks of the “pre-professional” orientation were analyzed and recommended for use, corresponding to each of the stages of self-determination and stimulating interest in such areas of professional activity as construction, economics, medicine, jurisprudence, etc.

scholarly journals Marx, Lenin and Pashukanis on Self-Determination: Response to Robert Knox

2011 ◽  
Vol 19 (2) ◽  
pp. 113-127 ◽  
Author(s):  
Bill Bowring
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Order ◽  
Self Determination ◽  
Fourth Section ◽  
International Legal Order ◽  
The Right ◽  
Irish Question

AbstractThis response to Robert Knox’s very kind and constructive review1 of my 2008 book The Degradation of the International Legal Order: The Rehabilitation of Law and the Possibility of Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my arguments. First, I restate my attempt at a materialist account of human rights. Next I explain why, for me, the right of peoples to self-determination is absolutely central to a materialist understanding of human rights; and also fill a serious gap in my own account in the book. This leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international law, but also to a disagreement with him on the use or misuse of the language of self-determination. My fourth section returns to our very different evaluations of the significance and meaning of the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish question. Finally, I present an outline of a re-evaluation of Marx’s principled position on self-determination.

NEGLIGENCE AND ARTICLE 6: THE GREAT ESCAPE?

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Tom Hickman
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
European Convention ◽  
Public Hearing ◽  
Human Rights Law ◽  
The Public ◽  
European Court ◽  
The Right ◽  
Court Of Appeal

WHEN, the European Court of Human Rights decided in Osman v. UK [1999] 1 F.L.R. 193 that striking out a claim in negligence (in Osman v. Ferguson [1993] 4 All E.R. 344) against the police, for failing to prevent a disturbed teacher injuring a pupil and killing the pupil’s father, amounted to a breach of Article 6 of the European Convention, many domestic lawyers felt that human rights law had gone too far. Article 6 protects the right to a fair and public hearing in the determination of one’s civil rights. The ECtHR did not say that the hearing had not been fair, but that it had not really been a hearing at all. By so deciding, the ECtHR subjected the public policy considerations that had been relied on by the Court of Appeal to strike out the claim to the requirements of legitimacy and necessity which have to be satisfied to justify an interference with Article 6.

Examining the Suitability of the International Minority Rights Regime as an Avenue for Advancing Self-Determination Claims

2020 ◽  
Vol 27 (4) ◽  
pp. 675-727
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Minority Rights ◽  
Negotiation Process ◽  
Self Determination ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

The international legal right of all ‘peoples’ to self-determination applies indeterminately to minority groups. The limited jurisprudence tends toward an ‘internal’ dimension of the right being available to minorities, to be exercised and negotiated domestically. However, where a state-minority negotiation process fails, the international law of self-determination is inadequate to resolve the ensuing deadlock. Accordingly, this article examines the suitability of minority protections under international human rights law (‘minority rights’) as a supplementary set of rules by which disputes concerning the self-determination of minorities might be resolved. It argues that owing to the strong conceptual and doctrinal overlap between the two areas, the enforcement of minority rights is a suitable strategy for advancing a self-determination claim. However, two bars within existing international human rights enforcement procedures – the non-justiciability of self-determination, and the requirement that complainants must be “victims of a violation” – substantially reduce the utility of this strategy at present.

scholarly journals Between facts and norms: Testing compliance with Article 8 ECHR in immigration cases

2019 ◽  
Vol 37 (2) ◽  
pp. 157-177
Author(s):  
Mark Klaassen
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
Best Interests ◽  
Primary Role ◽  
European Court ◽  
The Right ◽  
Compliance Tests

The European Court of Human Rights plays a subsidiary role in the protection of the rights and freedoms set forth in the Convention. To enable national authorities to perform their primary role, it is important that the Court offers sufficient guidance on the interpretation of the Convention. It has already been argued that the case law of the Court on the right to respect for family life in immigration cases, lacks consistency in terms of procedural and substantive protection. The inconsistency in the case law is mostly the case in the admission and regularisation case law. This manifests itself in specific issues including the determination of whether an interference has occurred as well as the court’s determination of the best interests of the child. Consequently, the case law difficult to apply by national authorities which leads to widely diverging practices by the Contracting Parties. The objective of this article is to outline the differences and inconsistencies in the different forms of immigration cases and the corresponding compliance tests of the Court. The article aims to offer a solution that would enable both the Court and the Contracting Parties to differentiate the level of protection that is offered by Article 8 in immigration cases, while providing sufficient guidance to national decision-making authorities and judiciaries so that they can efficiently and effectively exercise the primary role they play in the protection of the right to respect for family life in immigration cases.

A Question of Composition: Constructing a Just Federal State in Ethiopia and Beyond

2021 ◽  
pp. 1-23
Author(s):  
Colin W. Rowe
Keyword(s):  
The Self ◽  
Self Determination ◽  
Federal State ◽  
Normative Framework ◽  
Or Groups ◽  
The Many

Abstract Federalism attempts to create a multilayered government in order to better accommodate the self-determination of regions or groups within its borders. For this reason, federalism is well suited for the diversity in Ethiopia and the many calls for self-determination within it. However, within Ethiopia and federal theory, there is little to no examination of the normative grounds for who should be accommodated in a federal state. This paper, situating itself in the context of Ethiopian federalism, addresses this theoretical and practical omission by producing a normative framework to assess the issues and questions of federal inclusion.

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