scholarly journals Revisiting the ‘Recognition’ of the Palestinians’ Right to Self-Determination: Peoples as Territories

2020 ◽  
Vol 7 (2) ◽  
pp. 236-251 ◽  
Author(s):  
Shadi Sakran

‘[B]ehind every Palestinian there is a great general fact: that he once – and not so long ago– lived in a land of his own called Palestine, which is now no longer his homeland.’ The question of whether the Palestinian people, as a people, are entitled to exercise the right to external self-determination has been highly controversial over the years. Divided scholarly research, particularly regarding the attitude of the State of Israel which, at time of writing, has not yet explicitly recognized the Palestinian peoples’ right to emerge as an independent State, serves as evidence to this claim. In 2004, the ICJ in the Wall Advisory Opinion observed that the Palestinians’ right to self-determination is no longer in issue. This observation serves as the benchmark for this paper to revisit the identification of a people under international law. This paper critically examines whether constitutive and declaratory theories of recognition in statehood can assist in understanding the concept of a people in the law of self-determination. While concluding that neither theory of recognition is satisfactory, this paper argues that application of the right to self-determonation, within and beyond the colonial context, is inevitably linked to the territory peoples inhabit. Although the relationship between peoples and territories should come as no surprise, the key element in determining a people is not based on the people but on the status of the territory they inhabit.

Author(s):  
Castellino Joshua ◽  
Doyle Cathal

This chapter assesses the question of the people and peoples to whom the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) applies, tracking the concepts of person, persons, groups, people, and peoples in international law, and the UNDRIP's contribution to these concepts. The opening section of the chapter illustrates that the status of indigenous peoples in customary international law stands closer to peoples in the continuum between minorities and peoples. Minorities, while gaining the right to protection and promotion of their group identity, do not automatically gain the right to self-determination. Indigenous peoples ought to, but their rights towards this are constrained by state interests.


2021 ◽  
Vol 12 (1) ◽  
pp. 308-327
Author(s):  
Rachael Lorna Johnstone

On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation of the Chagos Archipelago shortly before Mauritian independence, that the United Kingdom should end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States of the United Nations should cooperate to complete the decolonisation of Mauritius. The (partial) decolonisation of Mauritius in 1968 and the treatment of the Chagos islanders (Chagossians) have important parallels with the purported decolonisation of Greenland in 1952–54. In both cases, the consultative body of the colonised people was neither fully independent nor representative of all the people concerned. No real choice was given to either body; rather the colonial power offered only the continuation of the status quo or professed self-determination on terms defined by the colonial power itself. Furthermore, the process of decolonisation was inherently linked to the forcible transfer of people in order to make way for a United States military facility. Nevertheless, there are some relevant differences. First of all, Greenland was purportedly decolonised in 1953, some seven years before the UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514(XV) 1960). Second, the UN General Assembly accepted the Danish government’s representations regarding the full decolonisation of Greenland (UNGA Res. 849 (1954), in contrast to their position regarding Mauritius that decolonisation was and remains incomplete, owing to the separation of the Chagos Archipelago (UNGA Res(XX) 1965). Third, though the Chagossians have been recognised as indigenous at the UN, the British government has continually denied this status and (mis)characterises them as a transient people, while Denmark has accepted the status of the Greenlanders as both an indigenous people and a colonial people, entitled to self-determination. This article examines the implications for the judgment for the Greenland case as well as broader questions of self-determination of peoples. It concludes that the colonial boundaries continue to govern in decolonisation cases, with the consequence that the Greenlanders are likely to be held to be a single people; that the erga omnes character of the right to self-determination means that all States must cooperate to facilitate Greenlanders’ choices for their future; and that there remain significant procedural hurdles that prevent colonial and indigenous peoples having their voices heard, even in the matters that concern them most of all.


2020 ◽  
Vol 7 (2) ◽  
pp. 216-235
Author(s):  
Gino J Naldi

In its Advisory Opinion in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, delivered in 2019, the International Court of Justice (ICJ) was of the view that the decolonisation of Mauritius by the United Kingdom had not been lawfully completed when it achieved independence in 1968. This was due to the separation of the Chagos Archipelago in 1965. After dismissing various challenges to the exercise of its advisory jurisdiction, including the argument that the issue at stake was a territorial dispute between the States and that its jurisdiction was, therefore, being misused to circumvent the UnitedKingdom’s lack of consent to contentious proceedings, the ICJ felt it necessary to explore the nature, scope and content of the right to self-determination and whether it had been validly exercised in this instance. The ICJ found that self-determination had become established as a legal right in the context of decolonisation by the time Mauritius was in the process of securing its independence in the 1960s and that a corollary of the right was that of the territorial integrity of a non-self governing territory, which had not been respected in the case of Mauritius. Accordingly, the United Kingdom’s continued administration of the Chagos Archipelago constituted an ongoing internationally wrongful act, entailing international responsibility, which the United Kingdom was under an obligation to put an end to as soon as possible. While it was for the United Nations (UN) General Assembly to determine how the decolonisation of Mauritius was to be realised, in view of the fact that the right to self- determination has an erga omnes character, the ICJ called on all States to co-operate with the UN to that end.


2020 ◽  
Vol 69 (1) ◽  
pp. 221-238
Author(s):  
Robert McCorquodale ◽  
Jennifer Robinson ◽  
Nicola Peart

AbstractA key element of the right to self-determination is territorial integrity. This has usually been considered solely in relation to the territorial integrity of an existing State seeking to resist claims by peoples for the right to self-determination. Yet the Chagos Opinion by the International Court of Justice examines a different type of territorial integrity—that of the colonial territory itself. This article explores the consequence of the Court's view that the territorial integrity of the colonial territory is a matter of customary international law, and that any division, integration or other disruption of that colonial territory after December 1960 is unlawful, without the free and genuine consent of the people of the colonial territory. In particular this article seeks to explore what the Chagos Opinion means in terms of the territorial integrity of a colonial territory. It also examines the required conditions for ascertaining a free and genuine consent of the people of that territory, and the legal effects of not complying with them. There is also consideration of the implications for other situations from the clarification of customary international law in the Chagos Opinion, with a special focus on West Papua.


Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.


2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 65-65
Author(s):  
Yeonji Ryou ◽  
Ryou Yeonji

Abstract The purpose of this study is to identify the trend of the employment status in 65 years or older adults who reside in South Korea and to explore the relationship between the status of employment and individual and family-related factors. This study utilized 10-year and 6-wave secondary data from the Korean Longitudinal Study of Ageing (KLoSA). The original panel sample is a random sample of 10,254 adults who are 45 or older, but for the aim of this study, the participants younger than 65 years were excluded. The number of samples in each wave is different, ranging from 4,013 to 4,335 due to the death of the participant, the rejection of additional interviews, and the refreshment participant collected in Wave 5. The findings indicate that the absolute employment of the people aged 65 or older and the proportion of working people among those have increased over the past decade. In this study, it is also found that there is a close relationship between employment status and individual factors such as gender, educational background, health condition, region, etc. Moreover, the results suggest that there are various facets of the relationship between employment status and family-related factors including whether living with children, the number of the member whom I help with daily activities, the total amount of financial support from/to children/parents/other family or whether participating social activities, etc. The implications of the need for employing the older population and the consideration family-related factors in the policy-making process in Korea are discussed.


2021 ◽  
Vol 40 (3) ◽  
pp. 155-168
Author(s):  
D. G. Diachenko

The paper is devoted to the Raiky culture in the Middle Dnieper. It reveals major issues of the phenomenon of Raiky culture and their possible solutions considering the achievements of Ukrainian archeologists in this field. The genesis, chronology and features of the development of material culture of the Raiky sites in the 8th—9th centuries of the right-bank of the Dnieper are analyzed. In general the existence of the Raiky culture in the Middle Dnieper region can be described as follows. It was formed in first half of the 8th century in the Tiasmyn basin. The first wheel-made pottery has begun to manufacture quite early, from the mid-8th century (probably at the beginning of the third quarter). At the first stage, the early vessels have imitated the hand-made Raiky forms as well as the Saltovo-Mayaki imported vessels. Significant development of the material culture occurs during the second half of the 8th century. At the same time, the movement of the people of Raiky culture and the population of the sites of Sаkhnivka type has begun in the northern direction which was marked by the appearance of the Kaniv settlement, Monastyrok, and possibly Buchak. This stage is characterized by the syncretism both in the ceramic complex and in the features of design of the heating structures. Numerous influences of the people of Volyntsevo culture (and through them – of Saltovo-Mayaki one) are recorded in the Raiky culture. It is observed not only in direct imports but also in the efforts of the Raiky population to imitate the pottery of Volyntsevo and Saltovo-Mayaki cultures, however, based on their own technological capabilities. The nature of the relationship between the bearers of these cultures is still interesting. The population of Raiky accepts the imported items of Saltovo-Mayaki and Volyntsevo cultures, tries to imitate high-quality pottery of them, and even one can see the peaceful coexistence of two cultures in one settlement — Monastyrok, Buchak, Stovpyagy. However, the reverse pulses are absent. There are no tendencies to assimilate each other. Although, given the number and size of the sites, the numerical advantage of the Volyntsevo population in the region seems obvious. There is currently no answer to this question. The first third of the 9th century became the watershed. The destruction of the Bytytsia hill-fort and the charred ruins to which most of the settlements of the Volyntsevo culture has turned, is explained in the literature by the early penetration of Scandinavians into the region or as result of the resettlement of Magyars to the Northern Pontic region. In any case, this led to a change in the ethnic and cultural situation in the Dnieper basin. According to some researchers, the surviving part of the population of Volyntsevo culture migrated to the Oka and Don interfluve. For some time, but not for long, the settlements of Raiky culture remained abandoned. Apparently, after the stabilization of situation, the residents have returned which is reflected by the reconstruction of the Kaniv settlement and Monastyrok; in addition, on the latter the fortifications have been erected. The final stage of the existence of culture is characterized by contacts with the area of the left bank of Dnieper, the influx of the items of the «Danube circle», as well as the rapid development of the forms of early wheel-made pottery. The general profiling of vessels and design of the rim became more complicated, the rich linear-wavy ornament which covers practically all surface of the item became characteristic. This suggests the use of a quick hand wheel which has improved the symmetry of the vessels, as well as permitted to create the larger specimens. The evolution of the early wheel-made ceramic complex took place only by a variety of forms, however, technological indicators (dough composition, firing, density and thickness of vessel walls) indicate the actual invariability and sustainability of the manufacture tradition. The discontinuance of the functioning of the latest Raiky sites (Monastyrok and Kaniv settlements) can be attributed as the consequences of the first stages of consolidation of the Rus people in the Middle Dnieper dating to the late 9th — the turn of the 9th—10th centuries.


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