scholarly journals Self-Determination of Peoples in the Charter of the United Nations

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Petr Kilian
Keyword(s):  
United Nations ◽  
Self Determination ◽  
The United Nations

Resolution 530 (1983

1984 ◽  
Vol 23 (4) ◽  
pp. 838-840
Keyword(s):  
United Nations ◽  
Central America ◽  
Use Of Force ◽  
Foreign Minister ◽  
Self Determination ◽  
Northern Border ◽  
The United Nations ◽  
The Republic ◽  
The One

The Security Council,Having heard the statement of the Foreign Minister of the Republic of Nicaragua,Having also heard the statements of various States Members of the United Nations in the course of the debate,Deeply concerned, on the one hand, at the situation prevailing on and insid the northern border of Nicaragua and, on the other hand, at the consequent dange of a military confrontation between Honduras and Nicaragua, which could further aggravate the existing crisis.situation in Central America,Recalling all the relevant principles of the Charter of the United Nations,, particularly the obligation of States to settle their disputes exclusively by peaceful means, not to resort to the threat or use of force and to respect the self-determination of peoples and the sovereign independence of all States,Noting the widespread desire expressed by the States concerned to achieve solutions to the differences between them,

The United Nations and Decolonization: the Case of Southern Yemen

1972 ◽  
Vol 26 (1) ◽  
pp. 37-61 ◽  
Author(s):  
King-yuh Chang
Keyword(s):  
United Nations ◽  
Political Change ◽  
Primary Objective ◽  
Self Determination ◽  
Special Committee ◽  
Colonial Power ◽  
New Members ◽  
The United Nations

Since 1962 the United Nations, mainly through the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (Special Committee of 24), has attempted to effect political change in dependent territories in accordance with the principle of self-determination of peoples. While the organization usually demands that the inhabitants be given a chance to determine their political future and to choose their government, its primary objective has been somewhat more specific. Spurred on by the influx of new members that occurred around the start of the decade, most of them former colonies, the UN has pressured for the complete displacement of alien rule in dependent territories and has tended to accept whatever type of government emerges as long as it is indigenous, that is, not controlled by a colonial power or European settlers.

scholarly journals The persistence of colonial constitutionalism in British Overseas Territories

2019 ◽  
Vol 8 (1) ◽  
pp. 157-190 ◽  
Author(s):  
HAKEEM O YUSUF ◽  
TANZIL CHOWDHURY
Keyword(s):  
United Nations ◽  
Legal Theory ◽  
Self Determination ◽  
Post Colonial ◽  
The United Nations ◽  
Colonial Governance ◽  
Overseas Territories ◽  
The Uk

Abstract:This article argues that despite the UK Government’s exaltations of self-determination of its Overseas Territories, provisions of colonial governance persist in their constitutions. Further, it posits that such illustrations begin to answer the broader question of whether British Overseas Territories (BOTs) are modern day colonies. Such claims are not without merit given that 10 out of the 14 BOTS are still considered Non-Self-Governing Territories by the United Nations and have remained the target of decolonisation efforts. Drawing insights from post-colonial legal theory, this article develops the idea of the persistence of colonial constitutionalism to interrogate whether structural continuities exist in the governance of the UK’s British Overseas Territories. The analysis begins to unravel the fraught tensions between constitutional provisions that advance greater self-determination and constitutional provisions that maintain the persistence of colonial governance. Ultimately, the post-colonial approach foregrounds a thoroughgoing analysis on whether BOTs are colonies and how such an exegesis would require particular nuance that is largely missing in current institutional and non-institutional articulations of, as well as representations on, the issue.

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 The Virtues of Bright Lines: Self-Determination, Secession, and External Intervention

2015 ◽  
Vol 16 (3) ◽  
pp. 384-415 ◽  
Author(s):  
Brad R. Roth
Keyword(s):  
United Nations ◽  
International Order ◽  
The Self ◽  
Self Determination ◽  
Former Yugoslavia ◽  
The Past ◽  
The United Nations ◽  
United Nations Charter ◽  
External Intervention

AbstractThe United Nations Charter-based international order sought to reconcile the self-determination of peoples with the inviolability of state boundaries by presuming sovereign states to be manifestations of the self-determination of the entirety of their territorial populations. This presumption, albeit nationally rebuttable, traditionally prevailed even where states could only by a feat of ideological imagination be characterized as “possessed of a government representing the whole people belonging to the territory without distinction.” But the international reaction to fragmentation in the former Yugoslavia—regarding both the initial “dissolution” and the subsequent struggle over Kosovo—called into question the rigid doctrines of the past and opened the door to secessionist claims theretofore dismissible as beyond the pale. Although no vindication of Russian intervention in Ukraine can properly be drawn from the Yugoslav cases, the Ukrainian crises help to surface the hidden dangers of an emerging jurisprudence that would allow previously inadmissible considerations—whether ethnic, historical, constitutional, or “democratic”—to compromise the territorial inviolability norm.

scholarly journals Narrative Strategies of Decolonisation: Autoethnography in Mamang Dai’s The Legends of Pensam

2020 ◽  
Vol 12 (5) ◽  
Author(s):  
Samrita Sinha ◽  
Keyword(s):  
United Nations ◽  
Northeast India ◽  
Self Determination ◽  
Narrative Strategies ◽  
Human Right ◽  
Post Colonial ◽  
History Of ◽  
The United Nations ◽  
Culture Of Impunity ◽  
Right Of Self Determination

According to John Quintero, “The decolonisation agenda championed by the United Nations is not based exclusively on independence. It is the exercise of the human right of self-determination, rather than independence per se, that the United Nations has continued to push for.” Situated within ontologies of the human right of self-determination, this paper will focus on an analysis of The Legends of Pensam by Mamang Dai, a writer hailing from the Adi tribe of Arunachal Pradesh, to explore the strategies of decolonisation by which she revitalizes her tribe’s cultural enunciations. The project of decolonisation is predicated on the understanding that colonialism has not only displaced communities but also brought about an erasure of their epistemologies. Consequently, one of its major agenda is to recuperate displaced epistemic positions of such communities. In the context of Northeast India, the history of colonial rule and governance has had long lasting political repercussions which has resulted not only in a culture of impunity and secessionist violence but has also led to the reductive homogeneous construction of the Northeast as conflict ridden. In the contemporary context, the polyethnic, socio-cultural fabric of the Northeast borderlands foregrounds it as an evolving post-colonial geopolitical imaginary. In the light of this, the objective of this paper is to arrive at the ramifications of employing autoethnography as a narrative regime by which Mamang Dai reaffirms the Adi community’s epistemic agency and reclaims the human right towards a cultural self-determination.

Epilogue

2019 ◽  
pp. 176-182
Author(s):  
Adom Getachew
Keyword(s):  
United Nations ◽  
International Institutions ◽  
The State ◽  
Self Determination ◽  
Institutional Form ◽  
American Imperialism ◽  
Postcolonial State ◽  
The United Nations ◽  
The Right ◽  
Critical Resources

This epilogue charts the fall of self-determination and illustrates that the collapse of anticolonial worldmaking continues to structure our contemporary moment. Picking up in the immediate aftermath of the NIEO, it locates self-determination's fall in two developments—the increasingly critical orientation of Western intellectuals and politicians toward the right to self-determination as well as the diminution of international institutions like the United Nations where anticolonial nationalists had staged their worldmaking. Together the normative erosion of self-determination and marginalization of the United Nations set the stage for the resurgence of international hierarchy and a newly unrestrained American imperialism. At the same time, the critical resources of anticolonial nationalism appeared to be exhausted as the institutional form of the postcolonial state fell short of its democratic and egalitarian aspirations, and anticolonial worldmaking retreated into a minimalist defense of the state.

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