scholarly journals BAYANGAN AKAN BANGSA DALAM KONTEKS HAK UNTUK MENENTUKAN NASIB SENDIRI: SUATU WACANA

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Tristam Pascal Moeliono
Keyword(s):  
International Law ◽  
Religious Beliefs ◽  
The State ◽  
Self Determination ◽  
Nation State ◽  
Nation States

Two issues shall be discussed: what is meant by people’s right to self determination and how has it been realized, also in the context of indigenous-tribal peoples. Analysis shall be done, by using a juridical doctrinal method. The purpose would go beyond explaining but also induce understanding of people’s right to self determination in the context of nation states. One determining faktor in the construction of a nation state is the emergence of an imagined solidarity between peoples from different races, tribes, or religious beliefs, being the result of suffering under colonialism. Notwithstanding that indigenous or tribal peoples may and in fact experience similar suffering under the state they are considered to be part of, international law, while recognizing their right to self determination, does not fully extend the same scope of rights to them.

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.

scholarly journals ACTUAL DISCOURE ABOUT TIPES FND DEVELOPMENT TENDENCIES NATIONAL STATE

2013 ◽  
pp. 195-203
Author(s):  
E. G. Ponomareva
Keyword(s):  
Political Process ◽  
World Politics ◽  
The State ◽  
First Century ◽  
Modern World ◽  
Nation State ◽  
Social Communities ◽  
Nation States ◽  
International Systems

The processes of globalization have determined significant changes in the prerogatives of nation states. In the twenty-first century the state no longer acts as a sole subject having a monopoly of integrating the interests of large social communities and representing them on the world stage. An ever increasing role in the global political process is played by transnational and supranational participants. However, despite the uncertainty and ambiguity of the ways of the development of the modern world, it can be argued that in the foreseeable future it is the states that will maintain the role of the main actors in world politics and bear the responsibility for global security and development. All this naturally makes urgent the issues related to the search for optimal models of nation state development. The article analyzes approaches to understanding patterns, problems and prospects of the development of this institution existing in modern political science. These include the concept of "dimensionality" based on the parameters of scale (the size of the territory) of the states and their functions in the international systems, as well as the "political order". In the latter case the paper analyzes four models: the nation-state, statenation, consociation, quasi-state. The author's position consists in the substantiation of the close dependence of the success of a model of the state on its inner nature, i.e. statehood. On the basis of the elaborated approach the author understands statehood as "the result of historical, economic, political and foreign policy activity of a particular society in order to create a relatively rigid political framework that provides spatial, institutional and functional unity, that is, the condition of the society’s own state, national political system." Thus statehood acts as a qualitative feature of the state.

Self-Determination, Human Rights, and the Nation-State

2017 ◽  
Vol 19 (4-5) ◽  
pp. 443-484
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Nation State ◽  
International Human Rights Law ◽  
General Process ◽  
Cultural Minority ◽  
The Right

Abstract In this article I examine selective dimensions of the nexus among the right to self-determination, human rights, and the ‘nation-state’ as they relate to claims made by certain ethno-cultural minority groups. I first discuss some conceptual extensions of ‘national’ claims and their underlying relation to international law and state sovereignty. Then, I critique elements of ‘national’ self-determination that are supposedly constitutive of the law of self-determination, including arguments about sub-national groups as ‘peoples’, and discuss some alternative approaches to the role of international law vis-à-vis this sort of claims. Finally, I argue that international human rights law can offer a synthesis of the above nexus insofar as it works, not so much as a platform for accepting or rejecting seemingly ‘absolute’ rights or solely enabling legal-institutional ad hocism, but rather as a general process-based framework for assessing group- related pathologies that are (directly or indirectly) of international law’s own making.

Rola i znaczenie międzynarodowych rozwiązań prawnych wobec procesów globalizacji

2016 ◽  
Vol 14 (14) ◽  
pp. 70-80
Author(s):  
Tomasz Lenkiewicz
Keyword(s):  
Cultural Diversity ◽  
International Law ◽  
Environmental Protection ◽  
International Organizations ◽  
The State ◽  
Political Life ◽  
Global Order ◽  
Local Organizations ◽  
Nation States

Growing international interdependencies, weakening of internal and external sovereignty of the state and necessity of joint overcoming of problems and global threats reveals the necessity of creating new rules of global order, based not only on nation-states, but also on growing number of international organizations and institutions, regional groupings, communities and local organizations. The globalization of political life fosters rise of number of institutions, organizations and international groupings and development of international law. The cooperation between them should respect the rules of equality, freedom, democracy, partnership, solidarity, respect for cultural diversity and environmental protection.

Defending Borders: States and Nation-States in the ASEAN 5

2013 ◽  
Vol 1 (1) ◽  
pp. 45-62 ◽  
Author(s):  
William Case
Keyword(s):  
Southeast Asia ◽  
Identity Construction ◽  
Social Relations ◽  
The State ◽  
Nation State ◽  
Local Identity ◽  
Units Of Analysis ◽  
Nation States ◽  
Regime Types ◽  
Administrative Decentralization

AbstractDiscontent simmers within social science over states and nation-states as units of analysis. Disputes over what even constitutes a state, whether simply an organizational apparatus, albeit with unique legitimacy, or a broader complex of social relations, have never been resolved. But it is not just its murky delineation with which the state is afflicted. It has lately come under attack from above and below, with causality seen to be draining away to transnational and sub-national forces. This paper begins by rehearsing the economic and social vectors along which assaults on the state and the nation-state are conveyed. It then turns to Southeast Asia, a part of the developing world in which the state would seem especially vulnerable, its powers having been usurped by transnational firms and corroded internally by connected rent-seekers and provincial “men of prowess.” However, this paper tries also to show that in Southeast Asia, national states and territorial borders have remained quite intact. Neither globalized markets, regional formations, local identity construction, administrative decentralization or migration have shaken the standing of the state and the nation-state as appropriate units of analysis. This is especially the case when addressing major questions about regime types and change in the region.

The Existing Cause of Biafra and its Right to Self-determination

2020 ◽  
pp. 1-19
Author(s):  
Yinka Olomojobi
Keyword(s):  
International Law ◽  
Regional Differences ◽  
The State ◽  
Self Determination ◽  
State Sovereignty ◽  
The South ◽  
Sovereign State ◽  
Independent States ◽  
The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

Learning Western Techniques of Empire: Republican China and the New Legal Framework for Managing Tibet

2017 ◽  
Vol 30 (4) ◽  
pp. 801-824
Author(s):  
MARIA ADELE CARRAI
Keyword(s):  
International Law ◽  
Central Government ◽  
Legal Framework ◽  
Self Determination ◽  
Nation State ◽  
Republican China ◽  
The West ◽  
Sovereign State ◽  
Republican Period ◽  
Western Imperialism

AbstractAt the end of the nineteenth century, China found itself torn between its imperial past and its nation-state future. By the time it became a Republic in 1911, China had to redefine its territory in new national sovereign terms. Until then its territory had been inscribed in more malleable frontiers and boundaries within the normative framework of the so-called ‘tribute system’. The article shows how, applying the new legal techniques of empire learned from the West, the Chinese central government, wherever possible, attempted to expand its new sovereign domain in territories like Tibet, Xinjiang, and Mongolia, where, according to international law, all the prerequisites existed for national self-determination and independence. In the context of opposing British and Tibetan claims, the Chinese appropriation of international law in the Republican period (1911–1949) helped China not only to assert itself in the international domain as a sovereign state, defending itself against Western imperialism, but also to pursue its own fictional imperial claims over Tibet, without which the Communists’ ‘liberation’ of Tibet would have not been possible. The paper highlights the interplay of imperial techniques based on international law, the relativity of this legal language, and how the strategies of empire are not only a prerogative of the West, but can be quickly adopted by those who have been subjected to them, resulting in a vicious circle.

The Legal Relations of Collectives: Belated Insights from Hohfeld

2009 ◽  
Vol 22 (2) ◽  
pp. 289-305 ◽  
Author(s):  
JOHN R. MORSS
Keyword(s):  
International Law ◽  
The State ◽  
Self Determination ◽  
Field Approach ◽  
Legal Fiction

AbstractCollectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld's ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its first appearance, Hohfeld's analytic scheme continues to generate insights for international law.

How Nation-States Create and Respond to Refugee Flows

1996 ◽  
Vol 30 (4) ◽  
pp. 1046-1066 ◽  
Author(s):  
Charles B. Keely
Keyword(s):  
Forced Migration ◽  
Ethnic Origin ◽  
Policy Formation ◽  
The State ◽  
Political Organization ◽  
Nation State ◽  
Policy And Practice ◽  
Political Values ◽  
State Legitimacy ◽  
Nation States

The ideal type of political organization is the nation-state, which leads to a presumption of state legitimacy when the state represents a community, based on ethnic origin or shared political values, that claims a right to persist. A nation-state tends to produce forced migration for three reasons: it contains more than one nation; the populace disagrees about the structure of the state or economy; or the state implodes due to the lack of resources. This paper elaborates a theory of refugee production and policy formation based on the dynamics of the nation-state. It concludes by addressing international refugee policy and practice in light of this theory and political changes following the end of the cold war.

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