scholarly journals Filipino Muslims and Issues of Governance in the Philippines: Some Thoughts by a Local Practitioner

ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 145-155
Author(s):  
Datu Michael O. Mastura
Keyword(s):  
Political Culture ◽  
International Law ◽  
The Philippines ◽  
Self Determination ◽  
Law Reform ◽  
Peace Negotiations ◽  
Nation States ◽  
The Government ◽  
The Right ◽  
Constitutional Regime

This article adopts the general theme of governance to provide an institutional framework for law reform and constitutional regime. To look into the political culture and religion of Filipinos is to ask why there is much reliance on law with an internal dynamics of hostility to all things religious in public life. The author employs the democracy argument to raise asymmetrical issues in a constitutional regime within the context of ‘the national state’ rather than problematise it as a majority versus minority relation. This makes it possible, for instance, to consider the Bangsamoro in the Philippines as a ‘people’ in legal terms and in reference to ‘state-nations’ instead of ‘nation-states’. The author also treats the dimension of international law regarding the right to self-determination with respect to the current peace negotiations between the government of the Philippines and armed non-state actors (MILF and MNLF). One might not necessarily agree with all that is stated in this contribution, which is intended to be an essay rather than a scholarly paper, but, nevertheless, it grants some insights into the mindset of contemporary Muslims in the Philippines.

scholarly journals Peacebuilding Model of Third-Party Mediation in the Philippines: Comparing Malaysia and the OIC

2018 ◽  
pp. 1151-1157
Author(s):  
Shamsuddin Taya ◽  
Rusdi Omar ◽  
Che Mohd Aziz Yaacob ◽  
Abdul Lantong
Keyword(s):  
Peace Process ◽  
The Philippines ◽  
Third Party ◽  
Internal Conflicts ◽  
Peace Negotiations ◽  
Peace Processes ◽  
Nation States ◽  
National Liberation Front ◽  
The Republic ◽  
The Government

Many nation-states have increasingly found themselves in a situation where they are unable to sort out their domestic conflicts without third party mediation. This is particularly true for a country like the Government of the Philippines (GPH) who has been fighting violent protracted internal conflicts for many decades against Bangsamoro revolutionary groups. Therefore, with respect to the above, the purpose of this article is to compare peacebuilding models of third party mediation to the Bangsamoro conflicts with particular focus between Malaysia and the Organization of Islamic Conference, presently Cooperation (OIC). Its approach is primarily an eclectic, by concentrating on the strengths and weaknesses of the peacebuilding models of the third party mediation as employed by both Malaysia and OIC. The article is divided into two major parts. The first part discussed both Malaysia and OIC’s diplomatic approaches in dealing with the Bangsamoro conflict, while the second part explained inclusivity versus exclusivity of both Malaysia and the OIC respectively. The study found that Malaysia’s model is more durable and successful when compared to OIC’s. In fact, Malaysia’s quiet diplomacy and less confrontational approach with greater inclusivity were more effective compared to elitist and confrontational approach of the OIC’s mediation to the Bangsamoro conflicts. Indeed, the Government of the Philippines and Moro Islamic Liberation Front (GPH-MILF) peace process is one of the most inclusive peace processes in the world. It may have some who were left out in the peace process, but they were all consulted by both Manila and the Moro Islamic Liberation Front (MILF) as opposed to OIC mediated Government of the Republic of the Philippines and the Moro National Liberation Front (GRP-MNLF) peace negotiations. Therefore, it is pertinent to conclude that there is nothing that resembles the inclusivity of the GPH-MILF peace process that characterized the exclusivity of the GRP-MNLF peace process.

The Legitimacy of Minorities' Claim for Autonomy through the Right to Self-Determination

1999 ◽  
Vol 68 (4) ◽  
pp. 413-438 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Minority Rights ◽  
Good Faith ◽  
Self Determination ◽  
Ethnic Conflicts ◽  
Contemporary Debate ◽  
Nation States ◽  
State Practice ◽  
The Stability ◽  
The Right

AbstractThe grant of autonomous powers to minorities is considered as a threat to the stability of the nation-State system. Nonetheless, many academics and jurists now believe that autonomy can be used to reduce ethnic conflicts, provided that parties to such arrangements are willing to implement them in good faith. In contemporary debate amongst academics it is frequently argued that there is an apparent link between minorities' rights and autonomy. Moreover, some minority rights campaigners stress that minorities' right to autonomy emanates from the right to self-determination. Such claims are, however, contested by most nation-States on the ground that autonomy is not a right in international law. It is only a small number of States that are prepared to experiment with autonomous arrangements to address minorities' concerns within their constitutional structure. Whilst investigating the current developments in United Nations and State practice with regard to autonomy, this article critically analyses whether autonomy gains its legitimacy through the right to self-determination and the extent to which autonomy is being evolved as an integral part of the internal right to self-determination.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

Russland und das Selbstbestimmungsrecht der Völker im postsowjetischen Raum

2021 ◽  
Vol 67 (1) ◽  
pp. 8-26
Author(s):  
Johannes Socher
Keyword(s):  
International Law ◽  
Self Determination ◽  
Legal Rhetoric ◽  
Power Politics ◽  
Regional Comparison ◽  
State Practice ◽  
Soviet Space ◽  
The Right ◽  
Fragmentation Of International Law ◽  
Post Soviet Space

As a concept of international law, the right to self-determination is widely renowned for its unclarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, i.e. to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This study situates Russia’s approach to the right to self- determination in that discourse by way of a regional comparison vis-à-vis a ‘western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the study analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Complemented by a review of the Russian scholarship on the topic, it is suggested that Russia’s approach to the right to self-determination may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.

scholarly journals TECHNOPOLITICS OF A CONCESSIONARY CONTRACT: HOW INTERNATIONAL LAW WAS TRANSFORMED BY ITS ENCOUNTER WITH ANGLO-IRANIAN OIL

2018 ◽  
Vol 50 (4) ◽  
pp. 627-648 ◽  
Author(s):  
Katayoun Shafiee
Keyword(s):  
International Law ◽  
Oil Industry ◽  
Legal Studies ◽  
Nation States ◽  
Resource Nationalism ◽  
International Court ◽  
Court Proceedings ◽  
Set Up ◽  
Foreign Control ◽  
The Right

AbstractThe Iranian government's decision to nationalize its British-controlled oil industry in 1951 was a landmark case in international law. The Anglo-Iranian Oil Company and the Iranian government clashed over whether international authorities had the right to arbitrate for them in disputes over the terms of the oil concession. Scholarship in Middle East studies has overlooked the role of concession terms in shaping political disputes in the 20th century. Rather than seeing legal studies of the oil industry on one side and power struggles and resources on the other, this article examines international court proceedings at The Hague to argue that Anglo-Iranian oil transformed international law. Novel mechanisms of economic and legal governance, set up to deal with an expanded community of nation-states, worked as techniques of political power that equipped the oil corporation with the power to associate Iran's oil with foreign control while generating new forms of law and contract that undermined resource nationalism.

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

Between Anglophone and Francophone Cameroon

2021 ◽  
pp. 1-43
Author(s):  
E. H. Ngwa Nfobin ◽  
Nchotu Veraline Nchang Minang
Keyword(s):  
International Law ◽  
Self Determination ◽  
The Republic ◽  
The Government ◽  
Political Scene

Abstract In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..

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