scholarly journals Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon

2011 ◽  
Vol 105 (1) ◽  
pp. 60-81 ◽  
Author(s):  
Dinah Shelton
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Self Determination ◽  
Former Yugoslavia ◽  
Human Rights Law ◽  
World War ◽  
Territorial Integrity ◽  
The Right ◽  
Right Of Self Determination

The right of self-determination has long been celebrated for bringing independence and self-government to oppressed groups, yet it remains a highly controversial norm of international law. From the breakup of the Austro-Hungarian and Ottoman Empires after World WarI to the struggle of colonial territories for independence following World War II and the later dissolution of the former Yugoslavia, there has been an unavoidable conflict between the efforts of peoples to achieve independence and the demands of existing states to preserve their territorial integrity.

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

18. The right to self-determination

2019 ◽  
pp. 330-347
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

17. The right to self-determination

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

Can Armed Non-state Actors Exercise Jurisdiction and Thus Become Human Rights Duty-bearers?

2020 ◽  
Vol 20 (2) ◽  
pp. 269-305
Author(s):  
Amrei Müller
Keyword(s):  
Human Rights ◽  
International Law ◽  
Recent Literature ◽  
Self Determination ◽  
Future Research ◽  
Human Rights Law ◽  
State Actors ◽  
The Right ◽  
Political Understanding ◽  
Normative Logic

Abstract Recent literature and United Nations documents advocate that most armed non-state actors (ANSAs) should be bound by human rights law. This article takes a more critical stance on this issue. It argues that only a limited number of ANSAs should potentially become human rights duty-bearers: those that exercise de facto (human rights) jurisdiction and thus have considerable institutional and military capacities, as well as particular normative characteristics. It specifies these capacities and characteristics with an analysis of ANSAs’ practice that tentatively indicates that some of these entities may indeed exercise de facto jurisdiction. The argument is justified by highlighting the broader consequences that recognising ANSAs as human rights duty-bearers will entail. It will also endow them with privileges that will legitimise their authority over time. This is grounded in the normative logic of human rights law that emphasises the interrelationship between human rights, equality and democracy that also permeates the notion of jurisdiction and is further supported by a political understanding of the right to self-determination. The article closes with a brief sketch of two complementary ways to develop international law binding ANSAs to be further explored in future research: the so-called ‘responsibilities for human rights’ and an adapted law of occupation.

The Sudanese Revolution of October 1964

1967 ◽  
Vol 5 (4) ◽  
pp. 491-509 ◽  
Author(s):  
Yusuf Fadl Hasan
Keyword(s):  
World War Ii ◽  
Self Determination ◽  
Advisory Council ◽  
World War ◽  
The People ◽  
Western Democracy ◽  
Traditional Institutions ◽  
The Right ◽  
Right Of Self Determination ◽  
Legislative Assembly

About 70 years ago, the Mahdist or Ansār state, in many ways a traditional Muslim government, crumbled under the fire of the Anglotional Egyptian cannons. On the condominium government that followed fell the task of pacifying the country and introducing western concepts of administration. All Sudanese attempts to defy foreign domination had failed completely by 1924. The British, the stronger of the two partners, had the lion's share in shaping the destiny of the country. Towards the end of World War II, the influential and educated Sudanese, like other Africans and Asians, demanded the right of self-determination. In 1946, in preparation for this, a sample of western democracy was introduced in the form of an Advisory Council. This Council, which was restricted to the northern Sudan, was followed two years later by the Legislative Assembly, which had slightly more powers. Although these democratic innovations were quite alien to the country and were introduced at a relatively late date, they were in keeping with traditional institutions. Until recently, the Sudan consisted of a number of tribal units where no classes or social distinctions existed and the tribal chief was no more than the first among equals; the people were therefore not accustomed to autocratic rule.

scholarly journals Disentangling the conundrum of self-determination and its implications in Greenland

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Dorothée Céline Cambou
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Human Right ◽  
Significant Control ◽  
The People ◽  
The Right ◽  
Right Of Self Determination

Abstract In 2009, the Act on Greenland Self-Government was adopted. It recognises that “the people of Greenland is a people pursuant to international law with the right of self-determination”. Within this framework, the people of Greenland have gained significant control over their own affairs and the right to access to independence. Yet, the extent to which this framework ensures the right of self-determination in accordance with fundamental human rights can still be questioned. From a human rights perspective, the right of self-determination is not a one-time right. It is fundamental human right that applies in different contexts beyond decolonisation and which has implications not only for colonial countries and peoples but also for the population of all territories, including indigenous and minority groups. From this perspective, this contribution seeks to disentangle and analyse the different facets of self-determination in Greenland while considering the implications of the right based on the multifarious identity of the peoples living in the country as colonial people, citizens, indigenous and minority groups, including their claim to control mining resources.

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.

6. International Human Rights Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Protection ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.

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.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

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