scholarly journals Western Sahara

2018 ◽  
Vol 13 (25) ◽  
pp. 37-52
Author(s):  
Juan carlos gimeno Martin

This article aims to reveal the complicity of the international community with Moroccan colonialism in Western Sahara. Since 1987, the Moroccan wall separates the Saharawi people into two groups: one group lives under Moroccan occupation, the other lives in exile camps in Southern Algeria. It is a Bedouin village, nomadic, colonized by Spain, but has maintained a persistent anti-colonial resistance and struggle for self-determination.

Author(s):  
Erma Ivoš

In this article the author points some actual questions of the transformation process in the Croatian society. The analysis of Z. Brzezinski is used as analytical model which basic function is of strategic meaning. The idea was to show how Croatia is close or distant from the mainstream of transformation process. The conclusion is that the successful achievements of the transformation depends both on the influence of the International community, political and economic on the one side and on the nature of the postcomunist self-determination of Croatian society, on the other side.98


2020 ◽  
Vol 20 (3) ◽  
pp. 492-550
Author(s):  
J.J. Smith

In 2010 the international community codified the crime of aggression. But the jurisdiction of courts and definition of acts encompassed by the crime would remain incomplete. Western Sahara now appears to be the only situation where it is possible to prosecute aggression. The development of the crime is reviewed and the circumstances of aggression in Western Sahara are addressed starting with the territory’s invasion in 1975. The analysis moves to Spain’s 2014 adoption of the crime, its national criminal law jurisdiction and the limits to retroactivity in the case of Western Sahara. Occupation and annexation, as presumptive second and third acts of aggression in Western Sahara, are reviewed. A fourth act of aggression not explicitly defined in 2010 is examined, the intentional denial of a non-self-governing people’s right to self-determination. Defences to aggression in Western Sahara are evaluated. Lessons for future development and application of the crime are discussed.


2021 ◽  
Vol 115 (2) ◽  
pp. 318-323

On December 10, 2020, President Donald J. Trump reversed decades of U.S. policy by announcing that the United States would recognize Moroccan sovereignty over Western Sahara as part of a deal in which Morocco would normalize relations with Israel. Despite a 1991 UN truce and continued calls by the UN Security Council for Morocco and the Polisario Front to reach a mutually agreeable solution, neither side has relinquished its claim of sovereignty over Western Sahara. Trump's announcement ended nearly thirty years of U.S. support for UN-led negotiations and places the United States at odds with the majority of the international community, which swiftly criticized the U.S. action as a violation of the right to self-determination.


2019 ◽  
Vol 20 (1) ◽  
pp. 84-116
Author(s):  
Daniele Amoroso

It is no secret that, since the end of decolonization, the principle of self-determination of peoples has been going through a veritable identity crisis. On the one hand, inconsistencies and double-standards are so commonplace in international practice as to justify the doubt that the law of self-determination is, in fact, power politics in disguise. On the other hand, a significant portion of the international community maintains that the principle has exhausted its historical function and applies only to a very limited number of cases (e.g. Palestine and Western Sahara). Yet self-determination of peoples is still well entrenched in international legal life. Against this background, international lawyers have been called upon to clarify how the customary principle on self-determination has changed in order to meet the challenges posed by the new global order. So far, however, the various attempts to overcome the colonial paradigm have not led to satisfactory results, being doomed to capitulate in the face of the fact that international practice in this field is either too sparse or is inconsistent. The main reason for this difficulty lies in the tendency to conceive of the law of self-determination in a traditional, ‘static’ fashion, as a set of clear-cut rules whose content has to be distilled, ultimately, in the light of accumulated past decisions. I will argue, by contrast, that the principle should be looked at in its ‘dynamic’ aspect, viz. as a ceaseless process through which the international community provides an authoritative response to demands for self-determination. My working hypothesis, specifically, is that a valuable contribution to such an investigation may be offered by the policy-oriented jurisprudence developed by the so-called ‘New Haven School’ of international law (NHS).


2020 ◽  
Vol 20 (1) ◽  
pp. 84-116
Author(s):  
Daniele Amoroso

Abstract It is no secret that, since the end of decolonization, the principle of self-determination of peoples has been going through a veritable identity crisis. On the one hand, inconsistencies and double-standards are so commonplace in international practice as to justify the doubt that the law of self-determination is, in fact, power politics in disguise. On the other hand, a significant portion of the international community maintains that the principle has exhausted its historical function and applies only to a very limited number of cases (e.g. Palestine and Western Sahara). Yet self-determination of peoples is still well entrenched in international legal life. Against this background, international lawyers have been called upon to clarify how the customary principle on self-determination has changed in order to meet the challenges posed by the new global order. So far, however, the various attempts to overcome the colonial paradigm have not led to satisfactory results, being doomed to capitulate in the face of the fact that international practice in this field is either too sparse or is inconsistent. The main reason for this difficulty lies in the tendency to conceive of the law of self-determination in a traditional, ‘static’ fashion, as a set of clear-cut rules whose content has to be distilled, ultimately, in the light of accumulated past decisions. I will argue, by contrast, that the principle should be looked at in its ‘dynamic’ aspect, viz. as a ceaseless process through which the international community provides an authoritative response to demands for self-determination. My working hypothesis, specifically, is that a valuable contribution to such an investigation may be offered by the policy-oriented jurisprudence developed by the so-called ‘New Haven School’ of international law (NHS).


Imbizo ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 40-54
Author(s):  
Oyeh O. Otu

This article examines how female conditioning and sexual repression affect the woman’s sense of self, womanhood, identity and her place in society. It argues that the woman’s body is at the core of the many sites of gender struggles/ politics. Accordingly, the woman’s body must be decolonised for her to attain true emancipation. On the one hand, this study identifies the grave consequences of sexual repression, how it robs women of their freedom to choose whom to love or marry, the freedom to seek legal redress against sexual abuse and terror, and how it hinders their quest for self-determination. On the other hand, it underscores the need to give women sexual freedom that must be respected and enforced by law for the overall good of society.


1998 ◽  
Vol 47 (4) ◽  
pp. 943-950 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Geoff Gilbert

The Northern Ireland Peace Agreement1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a “Catholic minority” and a “Protestant majority”. While there are some minority groups identified by their religious affiliation that do require rights relating only to their religion, such as the right to worship in community,2 to practise and profess their religion,3 to legal recognition as a church,4 to hold property5 and to determine its own membership,6 some minority groups identified by their religious affiliation are properly national or ethnic minorities–religion is merely one factor which distinguishes them from the other groups, including the majority, in the population. One example of the latter situation is to be seen in (Northern) Ireland where there is, in fact, untypically, a double minority: the Catholic-nationalist community is a minority in Northern Ireland, but the Protestant-unionist population is a minority in the island of Ireland as a whole.7 The territory of Northern Ireland is geographically separate from the rest of the United Kingdom. The recent peace agreement addresses a whole range of issues for Northern Ireland, but included are, on the one hand, rights for the populations based on their religious affiliation, their culture and their language and, on the other, rights with respect to their political participation up to the point of external self-determination. It is a holistic approach. Like any good minority rights agreement,8 it deals with both standards and their implementation and, like any good minority rights agreement, it is not a minority rights agreement but, rather, a peace settlement.


Author(s):  
Laura Zinn

Artikelbeginn:[English title and abstract below] In der Antike und den überlieferten antiken Mythen spielen Visionen bzw. Prophezeiungen und Träume – wie sich beispielsweise am Status des Orakels von Delphi als Omphalos (Giebel 2001, S. 7 f.) oder am vom römischen Philosophen Lukrez beschriebenen Beruf des Traumdeuters (Naf 2004, S. 90 f.) erkennen lasst – eine wichtige Rolle und nehmen ebenfalls politischen Einfluss (Trampedach 2015). Es ist daher nicht verwunderlich, dass auch gegenwärtige Mythenadaptionen, allen voran Rick Riordans Percy Jackson-Reihe bzw. mittlerweile korrekter: Reihen, in denen Percy Jackson mitunter als Crossover-Figur auftritt, auf Orakel, Prophezeiungen, Visionen und Träume vermehrt zurückgreifen.   »Don’t Let Morpheus Seduce You ...«Dreams, Oracles and Visions in Contemporary Retellings of Myths Oracles and dreams, which had a prominent position in antiquity, appear in the wake of the success of Rick Riordan’s Percy Jackson series as frequent motifs in retellings of myths in contemporary young adult fantasy. This article examines three examples: Josephine Angelini’s Starcrossed trilogy (2011 – 2013), the first volume of Richard Normandon’s eponymous series La conspiration des dieux (2009) and Daniela Ohms’s two-volume Insel der Nyx (2013 – 2014). In these novels, the motifs serve to mirror typical topics of adolescence. Through their prophecies, the oracles circumscribe possible alter-native futures, and the protagonists react by either not complying or trying to prevent fulfilment. To regain self-determination, most of the young protagonists, and at least at one point in the narration, rebel against the predictions. Dreams (including daydreams), on the other hand, allow them to explore different concepts of identities. Oracles and dreams therefore become symbols for the changes that occur during adolescence. In this way, the ancient myths are reduced to a backdrop, making these novels similar to other novels in the genre, which might account (to a certain degree at least) for the current popularity of retellings of ancient myths in young adult novels.


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