scholarly journals Double Standards Regarding the Attitude of the Contemporary States towards Secession: The Legal Aspect

2021 ◽  
Vol 14 (1) ◽  
pp. 6-22
Author(s):  
G. N. Andreeva
Keyword(s):  
Legal Aspect ◽  
Negative Attitude ◽  
Self Determination ◽  
Double Standards ◽  
Combination Synchronization ◽  
The Past ◽  
Negative State ◽  
The One ◽  
The Right ◽  
Legal Attitudes

The constitutions of the majority of the existing states reflect a negative attitude towards secession: from the establishment of a number of constitutional principles (the unity of the nation, the integrity of the state, etc.), which are interpreted by the bodies of constitutional control as directly or indirectly hindering the implementation of secession, to its direct prohibition. Only a small group of constitutions contain provisions allowing secession. Along with this, in the international legal field, wherein the states operate and declare the recognition of the principles thereof, there is a principle of recognition of the right of nations to self-determination. Within the framework of national law the secession, which was a precondition for the existence of the significant number of the contemporary states and, as such, served as the basis for the proclamation and approval of their independence, is considered at the official level as an important and significant event. It is celebrated as official holidays, anniversaries of independence, also states may support customs and traditions that are associated with the secession. The article shows that this “double standards”, applied by a significant part of modern states to past and future secessions is caused by, on the one hand, state obvious interest to preserve integrity, and, on the other hand, the traditions rooted in the past. The doctrine that justifies the strictly negative state attitude towards secession is not ideal, contradictory, based on the currently transforming concepts and theories; thus counter-arguments were developed based on fundamental constitutional theories and research. The diversity and inconsistency of the doctrine forces the contemporary state to either seek a balance between conflicting theories and approaches, or to adhere to one of them — usually not the most actual one. The necessary combination, synchronization of international legal and constitutional legal attitudes towards the regulation of secession can be ensured, first of all, if such regulation is based on the principle of the priority of human rights. At the same time, in contrast to the principle of the sovereign right to dispose of their territories by the states based on the model of property rights, which has feudal roots (which is also being modernized and transformed in the context of globalization), the humanitarian approach to ensure the right of people to self-determination is designed to guarantee the possibility of a free and rational choice of the form of their state existence by regional and local communities.

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 Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?

2008 ◽  
Vol 23 (1) ◽  
pp. 95-124
Author(s):  
Rachel Baird
Keyword(s):  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Illegal Fishing ◽  
The Past ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
The Law ◽  
The One ◽  
The Right

AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.

scholarly journals The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective

2017 ◽  
pp. 18-48 ◽  
Author(s):  
Ebru Demir
Keyword(s):  
Legal Aspect ◽  
Self Determination ◽  
Local Ownership ◽  
Post Conflict ◽  
Legal Perspective ◽  
The Right

The right to internal self-determination offers a legal ‘checklist’ for the UN to provide both legitimacy and sustainability to peacebuilding processes. The right both clarifies the actors of post-conflict reconstruction and also concretises to what extent these actors should be incorporated into peacebuilding processes. Although the concept of local ownership has become an often-cited concept in peacebuilding literature, the legal ground of the concept (i.e. the right to internal self-determination) has been disregarded. This paper aims to reveal the legal aspect of the concept of local ownership and thus, attaches the right to internal self-determination with local ownership.

Labouring for Kashmir’s azadi: Ongoing violence and resistance in Maisuma, Srinagar

2019 ◽  
Vol 54 (1) ◽  
pp. 27-50
Author(s):  
Sarbani Sharma
Keyword(s):  
Working Class ◽  
Everyday Life ◽  
Central Area ◽  
The Other ◽  
Self Determination ◽  
The Political ◽  
Political Movement ◽  
The One ◽  
The Right ◽  
The City

While much has been said about the historicity of the Kashmir conflict or about how individuals and communities have resisted occupation and demanded the right to self-determination, much less has been said about nature of everyday life under these conditions. This article offers a glimpse of life in the working-class neighbourhood of Maisuma, located in the central area of the city of Srinagar, and its engagement with the political movement for azadi (freedom). I argue that the predicament of ‘double interminability’ characterises life in Maisuma—the interminable violence by the state on the one hand and simultaneously the constant call of labouring for azadi by the movement on the other, since the terms of peace are unacceptable.

The Pitfalls and Perils of Being a Digital Journalist in Venezuela

2020 ◽  
pp. 319-337
Author(s):  
Mariateresa Garrido
Keyword(s):  
Digital Media ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The Other ◽  
Freedom Of The Press ◽  
The Past ◽  
Other Hand ◽  
The Press ◽  
The One ◽  
The Right

To be a journalist in Venezuela is very dangerous. In the past decade, there has been an increase of attacks against media and their personnel. On the one hand, attacks against journalists include harassment (physical, digital, legal), illegal detentions, kidnapping, and assassination. On the other hand, digital media have experienced blockages (DNS), internet shutdowns and slow-downs, failures in the connection, and restrictions to access internet-based platforms and content. Since 2014, the situation is deteriorating and limitations to exercise the right to freedom of expression have increased. However, this issue remains understudied; hence, this chapter considers primary and secondary data to analyze the types of limitations experienced by Venezuelan digital journalists from 2014 to 2018, explains the effects of ambiguous regulations and the use of problematic interpretations, and describes the inadequacies of national policies to promote freedom of the press.

Three books on Papua

2010 ◽  
Vol 166 (4) ◽  
pp. 529-532 ◽  
Author(s):  
Gerry Van Klinken
Keyword(s):  
Free Choice ◽  
Self Determination ◽  
The West ◽  
The Past ◽  
Road Map ◽  
West Papua ◽  
The Future ◽  
The Right

Review of: Pieter Drooglever, An act of free choice; Decolonisation and the right to self-determination in West Papua. Oxford: Oneworld Publications, 2009, xviii + 854 pp. ISBN 9781851687152. Price: GBP 125.00 (hardback). Esther Heidbüchel, The West Papua conflict in Indonesia; Actors, issues and approaches. Wettenberg: Johannes Herrmann, 2007, iii + 223 pp. ISBN 9783937983103. Price: EUR 20.00 (paperback). Muridan S. Widjojo, Adriana Elisabeth, Amiruddin, Cahyo Pamungkas, and Rosita Dewi, Papua road map; Negotiating the past, improving the present and securing the future. Jakarta: Yayasan Obor Indonesia, 2010, xxxiii + 211 pp. ISBN 9789794617403. Paperback.

scholarly journals SIDSTE PAS DE TROIS I GENÉVE: En dans for tre i FN’s saloner, hvor værten fører

1996 ◽  
Author(s):  
Katja Kvaale
Keyword(s):  
Indigenous Peoples ◽  
Frame Of Reference ◽  
The Other ◽  
Self Determination ◽  
Indigenous Populations ◽  
Cultural Relativity ◽  
The One ◽  
The Right ◽  
Point Of Departure ◽  
Different Levels

Katja Kvaale: Last pas de trois in Geneva: a dance for three in the UN saloons with the host leading the dance The purpose of this article is twofold. Taking its point of departure in empirical examples from the 1993 Session of the United Nations Working Group on Indigenous Populations in Geneva, the article attempts partly to analyse how indigenous peoples operate in the UN system, and partly to examine how this touches on classical anthropological notions such as peoplehood, nationhood and culture as distinet and continuous units. It is argued that most of the indigenous inputs at the UNWGIP can be heard as persistent reactions against the member states’ questioning their peoplehood and consequent rights to self-determination. However, it is not the idea to deconstruct the notion of the modem nation State altogether, nor to imply a radical cultural relativity, but rather to establish that the UN is confronting a global reality somewhat more complex than individuals and nation- states. In stating that the right to self-determination is separate from and prior to international law - it has been there since time immemorial - the indigenous representatives are tuming the legal logic of the UN upside down. From their perspective it is thus not a matter of being endowed with rights from a magnanimous UN, but rather a latecoming making up for the wrongdoings of half a millennium. Meanwhile, in asserting cultural continuity and distinetiveness in their politicized self-representation, indigenous peoples are catching anthropology off-guard and without foothold amidst the debris of its recently abandoned paradigms. Ironically, in the case of indigenous peoples the discipline is seemingly facing the incamation of the very notions and concepts just ditched: the exotification of the other, the radical us/them or West/the Rest distinetions, the Levi- Straussian „cold“ timelessness i.e. „conservative" rejection of modemity and development, culture as partly reified and self-sufficient units etc. However, rather than a morally based rejecting attitude towards this phenomenon the discipline would benefit from facing the great theoretical and analytical challenge that lies behind it. Although indigenous peoples and anthropologists are now operating within the same frame of reference to a far higher degree than was the case 25 years ago, it can still prove worthwhile to distinguish between the different levels on which culture is dealt with at different times. Hence, a potential clash between indigenous politieized „authentic culture" on the one hånd and scientific deconstruction of „true culture" on the other can be avoided.

scholarly journals THE LAW AS VALUE

2019 ◽  
Vol 3 (88) ◽  
pp. 208
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Aspect ◽  
Semantic Content ◽  
Research Literature ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Difference ◽  
The One ◽  
The Right ◽  
Fundamental Values

The paper deals with the category of “values”, the right as a value, and fundamental values of law; including freedom, justice, and equality are analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of right and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the legal consciousness’s formation and establishing a legal order, ensuring the efficiency of legal regulations due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of the rules of law, the rules of law themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.In this regard, the role and importance of rights and of the abovestated legal values, including the historically-legal aspect, their historical conditionality are disclosed, the semantic content and the importance in the establishment of the legitimacy regime are analyzed, the points of view expressed in the  research literature on the nature of legal values, signs, hierarchy,  the role in social and normative regulation are considered, the difference between value and the object of value or good is emphasized.

scholarly journals The Right to Informational Self-Determination in the Context of Selected Judicial Decisions and Practical Background

2019 ◽  
Vol 4 (2) ◽  
pp. 16-29
Author(s):  
Andrea Erdősová
Keyword(s):  
Information Age ◽  
Codes Of Ethics ◽  
Third Parties ◽  
Self Determination ◽  
Identity Information ◽  
Judicial Decisions ◽  
The Past ◽  
Private Data ◽  
The Individual ◽  
The Right

It is essential to address in particular the comprehensive prevention of breaches of the right to informational self-determination and whether the persons concerned are aware that they “voluntarily agree” to pass on their identity information to third parties. It is alarming nowadays what amount of private data are available at their disposal for companies or private persons regarding other persons and how easy it seems to obtain this data. In today’s information age and the era of more advanced use of artificial intelligence, it will be more necessary than in the past to define what the individual intended, what he agreed with, and what he eventually approved as data privacy.In order to ensure the protection of the individual and his/her privacy, it is therefore necessary to respond to and refine the existing sources of law, especially to establish codes of ethics taking into account the modern technological and social development.

scholarly journals Problem eutanazji w ujęciu Roberta Spaemanna

2019 ◽  
Vol 14 (2) ◽  
pp. 61-73
Author(s):  
Józef Kożuchowski
Keyword(s):  
Living Will ◽  
The Other ◽  
Self Determination ◽  
Peter Singer ◽  
Passive Euthanasia ◽  
Downward Spiral ◽  
Philosophical Argumentation ◽  
The One ◽  
The Right ◽  
Robert Spaemann

The problem of euthanasia as seen by Robert SpaemannThe main aim of the article is to present some aspects of euthanasia in the perspective of Robert Spaemann—one of the most significant contemporary German thinkers. First of all, the paradox of the right to euthanasia derived from one’s own decision is pointed out. It is illustrated by the practice of legalising these acts in the Netherlands, Belgium and Luxembourg. On the one hand, such acts are to be motivated by our personal right to self-determination, but on the other, relevant decisions are taken by a doctor. Ultimately, the law protects the doctor, not the patient. Next, the nature of two main types of euthanasia is discussed and defined: active euthanasia and passive euthanasia. Also, an attempt is made to show the inevitable consequences of the right to kill oneself by answering the question whether the right to euthanasia breeds a sense of duty. Finally, a polemic between Robert Spaemann and Peter Singer is presented, which gives us an opportunity to see the three fundamental differences between these philosophers in their views on the problem of the so-called good death.The author of the article emphasizes that the patient’s living will, introduced in Germany in 2009 Patientenverfugung, may indirectly imply consent to passive euthanasia, which is omitted in specialist literature. He then indicates the specificity of the philosophical argumentation of the eminent thinker against euthanasia. He also highlights two aspects of Spaemann’s discussion with Singer: one concerns the downward spiral argument which undermines the legitimacy of euthanasia legalisation, and the other distinguishes two ways of abandoning the treatment if a person faces death.

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