scholarly journals The Right to Self-Determination of Peoples: Notes on its Compatibility With Three Models of Global Order

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Francisco Martinez Cruz
Keyword(s):  
Indigenous Peoples ◽  
Political Institutions ◽  
Self Determination ◽  
Global Order ◽  
The Creation ◽  
The Right ◽  
In The Beginning

The right to self-determination has become an increasing legitimate demand of peoples seeking recognition and autonomy. In the beginning, this right was conceived in favor of peoples that depended on colonial powers, but today it has become a claim of any people that considers itself a people, as in the case of indigenous peoples or non-colonized peoples. This concept of the right to self-determination seems to be the path leading to a more heterogeneous world. Conversely, the rise of various problems that affect us globally seems to require the creation of international political institutions capable of solving these problems, which would most likely lead us toward a more homogeneous global order. Although both tendencies have powerful reasons that make them irreversible, it is not clear how they can co-exist. In this article, the author discusses whether a broad notion of the right to self-determination is compatible with three different models of global order proposed by Thomas Christiano, Rafael Domingo, and James Bohman, respectively.

scholarly journals The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

2020 ◽  
Vol 31 (3) ◽  
pp. 363-381
Author(s):  
Natalija Shikova
Keyword(s):  
Indigenous Peoples ◽  
Self Determination ◽  
Cultural Autonomy ◽  
The Right

Non-territorial autonomy (NTA) incorporates a mixture of different arrangements such as consociationalism and national-cultural autonomy (NCA), and forms of representation that de-territorialize self-determination. The paper analyses NTA possibilities in reaching indigenous self-governance and reveals the dilemmas in the applicability of NTA for securing the right to self-determination of indigenous peoples. Although the practice points towards some positive examples and successes of NTA institutions related to ingenious peoples (e.g. S?mi Parliaments), the question remains whether NTA holds sufficient potential for addressing indigenous needs upheld by the international principle ?right to land, territories and traditionally owned resources.?

scholarly journals Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia

2021 ◽  
Vol 29 ◽  
pp. 39-48
Author(s):  
Hashimah Abdul Halim ◽  
Rohaida Nordin
Keyword(s):  
Indigenous Peoples ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Legal Analysis ◽  
Orang Asli ◽  
Political Status ◽  
Economical Development ◽  
The Right ◽  
Laws And Regulations

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.

scholarly journals From High Hopes to Disillusionment: Indigenous Peoples' Struggle to (re)Gain Their Right to Self-determination

2008 ◽  
Vol 15 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Timo Koivurova
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
General Assembly ◽  
Political Rights ◽  
Draft Convention ◽  
Un General Assembly ◽  
Civil And Political Rights ◽  
The Right

AbstractThis article will examine three international processes wherein the right to self-determination of indigenous peoples has been taken up: the process whereby the United Nations (UN) General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), the intention to negotiate a Nordic Saami Convention (Draft Convention) and the practice of the Human Rights Committee (HRC) in monitoring the observance of the International Covenant on Civil and Political Rights (Covenant). All of these processes have enunciated indigenous peoples' right to self-determination, but any claim to such a right has met with resistance from the states, with the reasons for such resistance examined here. The aim is to study why it is so difficult to insert indigenous peoples into international law as category and, in particular, to have states accept their right to self-determination. In the conclusions, it is useful to ask whether the problems experienced in promoting the right to self-determination of indigenous peoples are mere setbacks or whether they contain elements that might inform the international movement of indigenous peoples more generally.

International law and indigenous peoples

1995 ◽  
Vol 3 (1) ◽  
pp. 47-76 ◽  
Author(s):  
Stephan Marquardt
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Positive Answer ◽  
Self Determination ◽  
New Developments ◽  
Recent Developments ◽  
The Right

AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.

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.

scholarly journals Constitutionality and the right to self-determination of the Bosniaks as a basis for resolving the status of Sandžak

2012 ◽  
Vol 2 (2) ◽  
pp. 66
Author(s):  
Dr.Sc. Harun Hadžić
Keyword(s):  
Indigenous Peoples ◽  
Ethnic Relations ◽  
Self Determination ◽  
The Political ◽  
Serbia And Montenegro ◽  
Political Status ◽  
The Status ◽  
Multiethnic States ◽  
The Right

In this paper, by using international documents, the author addresses the issue of resolving the political status of the Bosniaks in Sandžak, i.e. in Serbia and Montenegro. He emphasizes the methods of regulation of ethnic relations through mechanisms of eliminating differences, i.e. mechanisms of managing the differences that exist in modern sovereign multiethnic states. Explains the basic terms - autochthony, constitutivity and constitutionality, and thoroughly analyzes the principle of the right to self-determination and the right to autonomy, in the context of resolving the so-called status of indigenous peoples.

Part II Group Identity, Self-Determination, and Relations with States, Ch.5 Self-Determination of Indigenous Peoples: Articles 3, 4, 5, 18, 23, and 46(1)

2018 ◽  
Author(s):  
Weller Marc
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Legal Personality ◽  
Significant Step ◽  
United Nations Declaration ◽  
The Right ◽  
International Legal Personality

This chapter studies Articles 3, 4, 5, 18, 23, and 46(1) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The debate about the right to self-determination for indigenous peoples, and its provisional conclusion through the adoption of the Declaration, represents a very significant step in the development of concepts of international legal personality. First, the change in terminology from ‘populations’ to ‘people’ marks the emergence of indigenous peoples as subjects, rather than objects of international law. Second, there was the possibility of drawing on existing international legal language in relation to a safeguard clause, which was eventually adopted in line with the General Assembly's vulnerable Friendly Relations resolution. Without the adoption of this clause, it is unlikely that the Declaration could have been adopted with a significant majority, if at all.

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.

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