scholarly journals The issue of justification of application of the principle of self-determination of peoples by separatist formations in Ukraine

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Klymenko Kyrylo ◽  
Keyword(s):  
International Law ◽  
Ethnic Group ◽  
International Community ◽  
Self Determination ◽  
The People ◽  
Common Interests ◽  
The Subject ◽  
The Common ◽  
The Right

The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory

scholarly journals History of self-determination of the people of Donbass. experience of the Soviet Republic of Donetsk and Krivoy Rog

2019 ◽  
pp. 148-152
Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva
Keyword(s):  
International Law ◽  
Cultural Development ◽  
Self Determination ◽  
Political Status ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Right ◽  
Historical Past

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

The Right of Secession in Public International Law

1983 ◽  
Vol 20 ◽  
pp. 24-78 ◽  
Author(s):  
Daniel Turp
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Community ◽  
Self Determination ◽  
Public International Law ◽  
The Right ◽  
United Nations Charter ◽  
Right Of Self Determination

SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.

The Right of Nations to Self-Determination in the Context of the Regaining of Independence by Poland — an International-Law Analysis

2019 ◽  
Vol Special Issue ◽  
pp. 7-14
Author(s):  
Małgorzata Andrzejczak-Świątek
Keyword(s):  
World War Ii ◽  
International Law ◽  
French Revolution ◽  
Point Of View ◽  
Self Determination ◽  
World War ◽  
Human Rights Protection ◽  
The People ◽  
The Right

This article aims to show the problem of self-determination of the people in the light of contemporary standards of international law, as well as to compare them with the factual and legal basis of regaining independence by Poland in 1918. The principle of the right of people to self-determination as one of the basic rules of international law was proclaimed only after World War II, however, concepts conferring on the population living in a given territory to decide about themselves appeared before the French Revolution. The issue of the right to self-determination of people is extremely complex — after World War II, there was in this respect the development of treaty guarantees concluded with international agreements for the system of human rights protection, which sanctioned this right as the only subjective collective right. On the other hand, the practice of contemporary states on this issue is not uniform and largely depends on the acceptance of the facts by the international community. From the point of view of developing the right to self-determination of people, and thus the right to independence, the case of Poland is extremely interesting not only because of the historical and political background, but also because it can be treated as a precedent in international law in the context of recognition and acceptance of independence by the state.

Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

2020 ◽  
pp. 1-21
Author(s):  
Muhamad Sayuti Hassan ◽  
Rohaida Nordin
Keyword(s):  
Political Participation ◽  
International Law ◽  
Aboriginal People ◽  
Well Being ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
The Right

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

Lucius Crassus and Cicero: The Formation of a Statesman

1971 ◽  
Vol 17 ◽  
pp. 75-88 ◽  
Author(s):  
Elizabeth Rawson
Keyword(s):  
Family Background ◽  
Status Quo ◽  
Political Ideas ◽  
The People ◽  
Family Tradition ◽  
Common Interests ◽  
The Common ◽  
The Right ◽  
The Military ◽  
Practical Level

If we remember anything about Cicero's political ideas, it is that he believed in the right and duty of the senate to exercise supremacy in Rome, but that he also advocated aconcordia ordinmi, an alliance between and recognition of the common interests of senators andequites, to whom property and thestatus quowere sacred. Closely connected with this is the idea of aconsensus omnium bonorum, a wider alliance to include most of theplebs, and Italy. In the service of this ideal of unity he believed that the conservative statesman should beconcordiae causa sapienter popularis, though he should consult the true interests of the people even more than their wishes; and that all government should be mild and conciliatory. These are the views by which we distinguish him from his more obstinate optimate contemporaries, above all Cato, who are less flexible, more rigidly reactionary. Although, since Strasburger's famous study ofConcordia Ordinum, students of Cicero ought to have been prepared to pursue some of these beliefs of his back into the Roman past, too many historians and biographers still give the impression that they were Cicero's own invention (and an unhappy and unrealistic one too, it is often implied). But this is rash. Cicero,pacesome of his detractors, was an intelligent man; but he was not a man of deeply original mind, as would be generally admitted. His greatness lay not in originality, but in the life and form that he could give to the Roman tradition, enriching or illuminating it, sometimes even criticising it, from his knowledge of Greek history and thought.We should be chary therefore of supposing that Cicero's political programme was wholly his own; and, where a programme on a practical level is concerned, we should probably look more closely for Roman than for Greek sources. The first place to search is of course in a man's immediate family background, its position, traditions and contacts. This is true of all ages and places; but it is especially true of Rome. In the recent and justified reaction against the idea of fixed family parties, allied to or warring with certain other families from generation to generation, we are in danger of forgetting that family tradition in a broad sense was often very important. Cicero explains in thede officiishow one should imitate not only themaioresin general, but one's ownmaioresin particular – thus successive Scaevolae have become legal experts, and Scipio Aemilianus emulated the military glory of the first Africanus.

Decolonization in International Law

2019 ◽  
Author(s):  
Mai Taha
Keyword(s):  
International Economic ◽  
International Law ◽  
Third World ◽  
International Economic Order ◽  
Self Determination ◽  
Economic Order ◽  
General Assembly ◽  
The People ◽  
The Right ◽  
The Third World

In Gillo Pontecorvo’s evocative film The Battle of Algiers (1966), viewers reach the conclusion that the fight against colonialism would not be fought at the UN General Assembly. Decolonization would take place through the organized resistance of colonized people. Still, the 1945 United Nations Charter and the 1948 Universal Declaration of Human Rights provided some legal basis, albeit tenuous, for self-determination. When Third World leaders assembled in the 1955 Bandung Conference, it became clear that the UN needed to shift gears on the question of decolonization. By 1960, and through a show of Asian and African votes at the General Assembly, the Declaration for the Granting of Independence to Colonial Countries and Peoples was adopted, effectively outlawing colonialism and affirming the right of all peoples to self-determination. Afro-Asian solidarity took a different form in the 1966 Tricontinental Conference in Havana, which founded the Organization of Solidarity with the People of Asia, Africa and Latin America. The conference gathered leftist activists and leaders from across the Third World, who would later inspire radical movements and scholarship on decolonization and anticolonial socialism. This would also influence the adoption of the 1974 Declaration on the Establishment of a New International Economic Order and later lead to UNESCO’s series that starts with Mohammed Bedjaoui’s famous overture, Towards a New International Economic Order (1979; cited as Bedjaoui 1979 under the Decolonization “Moment”). This article situates this history within important international-law scholarship on decolonization. First, it introduces different approaches to decolonization and international law; namely, postcolonial, Marxist, feminist, and Indigenous approaches. Second, it highlights seminal texts on international law and the colonial encounter. Third, it focuses on scholarship that captures the spirit of the “decolonization moment” as a political and temporal rupture, but also as a continuity, addressing, fourth, decolonization and neocolonial practices. Finally, this article ends with some of the most important works on international law and settler colonialism in the 21st century.

scholarly journals The Right to Self-Determination of Modern Secessionist Movements under International Law

2021 ◽  
Vol 10 (1) ◽  
pp. 285-302
Author(s):  
Ja’far Mohammad Khair Al Sabbagh
Keyword(s):  
International Law ◽  
Self Determination ◽  
Historical Background ◽  
Parent State ◽  
The World ◽  
New States ◽  
The Stability ◽  
The Right ◽  
Universal Order

States’ boundaries have changed to a large extent over the course of time, in fact, the world has not always been the same as nowadays. In place of archaic forms of social organisation, the universal order has appeared where determinate and inviolable borders play a crucial role in ensuring the stability of states and resisting separatist movements. At the same time, secessionist movements throughout the world continually aim to gain independence from the ‘parent’ state invoking the right to self-determination. In this paper, the researcher will examine whether a part of the population of a state or a sub-unit of that state has a right to secede and create a new state and/or integrate into another. The article consists of a strong theoretical part dealing with statehood, self-determination and secession with a view of the dynamic development of these notions since the rapid birth of many new states as a result of decolonization. Thereafter, the validity of the gathered results will be verified by a comparative analysis of the cases of Kosovo, Crimea and Catalonia with regard to the historical background of these secessionist entities.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals Court Supervision of the Determination of the Votes at the First General Meeting of Creditors in Estonian Bankruptcy Law

2017 ◽  
Vol 26 ◽  
pp. 76
Author(s):  
Mari Schihalejev
Keyword(s):  
General Meeting ◽  
Bankruptcy Law ◽  
Reasonable Time ◽  
Common Interests ◽  
The Common ◽  
The Law ◽  
Rights And Interests ◽  
The Right ◽  
Current Procedure

 Estonia’s first Bankruptcy Act was passed in 1992 and has been continuously under amendment. Estonian bankruptcy law has provided three distinct procedures for the determination of votes at the first general meeting of creditors: 1) in 1992–2003, the votes were determined only by the trustee; 2) in 2004–2009, the votes determined by the trustee were approved by the court; and 3) under the current law, the court intervenes only if there is a dispute over the determination of the votes. All the amendments notwithstanding, the process of determining the votes under Estonian bankruptcy law remains problematic. The current procedure for the determination of the votes at the first general meeting of creditors does not protect the rights and interests of the creditors, protect the common interests of the creditors, or follow the principle of procedural economy. The law should provide a term that specifies the time by which court rulings on the determination of the votes should be made. Thereby, important decisions could be adopted at the same general meeting, and bankruptcy proceedings could continue. Furthermore, to ensure that disputes are resolved within reasonable time and that the principles of speed and efficiency are honoured, insolvency courts should be created. There is also the problem of determining which issues belong to the disputes about votes. A creditor assigned votes must file proof of claim, together with documents proving the circumstances, with the trustee in three working days. For protecting the creditors’ interests and ensuring a fair and equitable system, the trustee, in co operation with the court, has the right and obligation to verify and evaluate the documents substantiating the claim, in order to prevent unjustified claims from conferring control over the bankruptcy proceedings.

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