Equality and self-determination of peoples in the constitutional legal order of Russia

2021 ◽  
pp. 62
Author(s):  
Boris S. Ebzeev
Keyword(s):  
Legal Order ◽  
Self Determination ◽  
Equal Rights ◽  
Legal Problems ◽  
Basic Law ◽  
New Meanings ◽  
Vladimir Putin ◽  
Different Content

The article deals with the legal problems of equality and self-determination of peoples in the constitutional legal order of Russia. According to the author, this principle is historical, accordingly, in its development, it has gone through different stages and was filled with different content. Considerable attention is paid to the methodological foundations of the principle of equal rights and self-determination of peoples, its subjects and the peculiarities of the reflection of this principle on their constitutional status. The emphasis is placed on identifying new meanings of the Basic Law as a result of the amendment of President Vladimir Putin.

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

scholarly journals SEXUAL EDUCATION OF INDIVIDUALS WITH MULTIPLE DISABILITIES: THEORETICAL-METHODOLOGICAL ASPECT

2020 ◽  
Vol 18 (Suppl.1) ◽  
pp. 323-330
Author(s):  
D. Georgieva
Keyword(s):  
Special Education ◽  
Young People ◽  
Multiple Disabilities ◽  
Self Determination ◽  
Sexual Education ◽  
Psychosexual Development ◽  
Equal Rights ◽  
The Subject ◽  
Methodological Aspects

The sexual education of individuals with multiple disabilities holds a special place in the contemporary content of the subject of Special Education. The article is dedicated to the theoretical and methodological aspects of the discussed problem. The conceptual thesaurus of the presented thematic area is highlighted. Special attention is paid to the stages of human psychosexual development and the regularities of pubertal maturation. The main focus is placed on the sexual self-determination of the young people with intense and complex combinations of disabilities, the equal rights and conditions of functioning within the range of the opportunities available. The principles underlying the approach to the care of persons with multiple physical and mental limitations in the field of their sexual education are presented. There is a particular interest in the current and delicate problematic, which addresses the importance and conditions of sexual education for the development of sexuality, as well as the parents' attitudes towards the sexual relations of their children. An attempt has been made to identify the main areas of activity related to supporting people with multiple disabilities in finding their own way in the field of sexuality and partnership.

Legislating for the ‘Whole World That Is, in a Sense, a Commonwealth’

2018 ◽  
Author(s):  
Anthony Pagden
Keyword(s):  
Property Rights ◽  
Indigenous Peoples ◽  
Regime Change ◽  
Legal Order ◽  
Self Determination ◽  
Law Of Nations ◽  
Moral Arguments ◽  
School Of Salamanca ◽  
The Law

This chapter argues that, contrary to ‘postcolonial’ claims, the Spanish ‘School of Salamanca’ was not overwhelmingly concerned with the need to justify the Spanish occupation of the Americas, but with creating an understanding of the ‘law of nations’ based upon the concept of a worldwide legal order. In terms of this, the Spanish Crown could only legitimate its presence in America if that could be shown to have brought benefits to the indigenous peoples in terms of protection from tyrannical rulers. None of this, however, could justify occupation or confer sovereignty and property rights on the conquering powers, although it would permit those powers to bring about a form of ‘regime change’. It also argues that all the ‘moral’ arguments for occupation employed by the European colonizing powers led logically and inexorably, if also unintentionally, to the ultimate ‘self-determination’ of the colonized.

scholarly journals The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law

2021 ◽  
pp. 39-53
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
International System ◽  
Self Determination ◽  
Equal Rights ◽  
Legal Concept ◽  
Stage Of Development ◽  
Jus Cogens ◽  
Multiple Experts

The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted  on the basic questions of the theory of international law – correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX – XXI centuries international legal concept of the “Responsibility to Protect” is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.

The Legacy of Kant: Giuseppe Mazzini’s Cosmopolitanism of Nations

2008 ◽  
Author(s):  
Nadia Urbinati
Keyword(s):  
Legal Status ◽  
Legal Order ◽  
The Self ◽  
Constitutional Democracy ◽  
Equal Rights ◽  
Mutual Help ◽  
Primary Good ◽  
The Individual ◽  
Democrats And Republicans

This chapter argues that Giuseppe Mazzini's thought belongs to the tradition of cosmopolitanism insofar as he deems the self-determination of autonomous and democratic nations the precondition for a peaceful international order. Countering the nationalistic interpretation of his thought, and Giovanni Gentile's reading in particular, it maintains that Mazzini, whose political education occurred in the aftermath of the collapse of Napoleon's empire, believed that the individual (as a primary good and the recipient of equal rights) and the nation (as the collective sovereign that has the power of giving individual rights a legal status) were the two modern agents of political and moral resistance against imperial projects. Beginning with the Abbé de Saint–Pierre, Kant, and the Saint–Simonians, the pact of union and the association of autonomous nations became, in a kind of federative covenant of mutual help and cooperation, the language of European democrats and republicans. In the 20th century it was adopted by those jurists who deemed the consolidation of the rule of law and constitutional democracy intermediary and necessary steps towards a global legal order. Mazzini must be interpreted as belonging to this tradition, though in a peculiar way since he was a cosmopolitan not despite, but because of, his advocacy of the principle of nationality.

Reflections on the Indonesian Case

1948 ◽  
Vol 1 (1) ◽  
pp. 59-81 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
United Nations ◽  
Security Council ◽  
Self Determination ◽  
Equal Rights ◽  
General Assertion ◽  
Form Of Government ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter

The tangled affairs of Indonesia, twice thrust upon the Security Council, have served as an admirable touchstone of the principles, purposes, and effectiveness of the United Nations as well as of the policies of some of its leading members. Fundamental principles of the new postwar order were at stake. The Atlantic Charter had affirmed the right of all peoples to choose the form of government under which they would live, and the collapse of empires before the Japanese onslaught led to the widespread conclusion that the old colonial system was dead. These doctrines found sober and modified expression not only in Chapter XI of the United Nations Charter, but also in the more general assertion of the principle of equal rights and self-determination of peoples and of the universal application of human rights and fundamental freedoms. The rights of dependent peoples, the validity of the doctrine of self-determination, and the possibilities for peaceful change all hovered about the Security Council chamber in the course of the debates on the two Indonesian cases.

scholarly journals Codification of the inviolability of frontiers principle in the Helsinki Final Act: Its purpose and implications for conflict resolution

2014 ◽  
Vol 24 (3-4) ◽  
pp. 392-417
Author(s):  
Rovshan Sadigbayli
Keyword(s):  
Conflict Resolution ◽  
Use Of Force ◽  
The Self ◽  
Self Determination ◽  
Equal Rights ◽  
The Past ◽  
History Of ◽  
The Stability ◽  
Shed Light

This article tests the proposition that there is inherent conflict between the principles of the Helsinki Final Act, specifically those related to equal rights and the self-determination of peoples, territorial integrity and the inviolability of frontiers. For this purpose the drafting history of the Helsinki Accords is revisited to shed light on how the participating States interpreted these principles and what meaning they attributed to them. It is argued that the overall purpose of the Final Act, which is to codify the stability of frontiers principle by prohibiting the use of force against frontiers as well as any unilateral, non-consensual actions as far as the territory of the participating States is concerned, should be kept in mind while interpreting these principles. The article concludes by reviewing the practice of States in interpreting the principles over the past two decades to show that changed political circumstances in Europe have not affected the interpretation of the relevant Helsinki Final Act provisions.

scholarly journals National in modern composer's work:to the problem of interpreting the song source

Keruen ◽  
2021 ◽  
Vol 71 (2) ◽  
Author(s):  
A.K. Omarova ◽  
Keyword(s):  
Historical Context ◽  
Folk Song ◽  
Self Determination ◽  
Traditional Values ◽  
New Meanings ◽  
Piano Transcriptions ◽  
Multi Level ◽  
Spiritual Potential ◽  
Complete Interpretation

The article deals with the specific facets of the issue “Composer and Folklore” based on the example of piano transcriptions in musical and creative practice of Kazakhstan during different decades. Based on the traditions of musicology in the study of national composition schools, the genre that has acquired a special and ever-increasing representative value in the modern cultural situation is presented. In the works that are in active demand in the field of musical performance, the expediency of relying on the text of the original folk source for the implementation of the adequate and complete interpretation (performing, musicological, etc.), regardless of the measure of its rethinking, is emphasized.Since the most bright patterns of folk and “oral and professional creativity” (T.B.Gafurbekov) are interpreted more than once, the versions of various authors are compared. There are comments of the “series of transformations” of the well-known folk song “Kamajay” using musical illustrations. Its two piano variants show the significance of variation methods using genre-style models that bring new meanings to the content of the whole. “Improvisation” (1978) by A.Bestybayev (born in 1959) in the historical context is a symbolic work in view of its obvious conceptuality. The creative figure of the composer himself demonstrates the spiritual potential that will be even more convincingly marked and revealed later.Perspectives of studying the “National” category in its multiple manifestations in the development of the artistic culture of Kazakhstan are seen not only in view of the determination of the broader theoretical context, but also in view of the consistent introduction of works, documents, facts into the research practice, which were for certain reasons “forgotten” or not fully involved [1]. History and traditional values are able to actualize multi-level issues that are significant for the nation’s self-determination on the “global map of the XXI century” (N.А.Nazarbayev) through cultural achievements.

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