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 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 History of self-determination of the people of Donbass. experience of the Soviet Republic of Donetsk and Krivoy Rog

2019 ◽  
pp. 148-152
Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva
Keyword(s):  
International Law ◽  
Cultural Development ◽  
Self Determination ◽  
Political Status ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Right ◽  
Historical Past

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.

Order and Justice: National Minorities and the Right to Secession

1999 ◽  
Vol 6 (4) ◽  
pp. 389-416 ◽  
Author(s):  
Keyword(s):  
World War Ii ◽  
International Law ◽  
Minority Rights ◽  
Self Determination ◽  
Colonial State ◽  
Post Colonial ◽  
National Minorities ◽  
The People ◽  
History Of ◽  
The Right

AbstractThe Versailles Treaty sought to protect minorities by giving them their own state. This practice, labelled 'self-determination' has changed guise considerably post World War II. Paramount to the emancipation of colonies, it came to be the concept that legitimated the 'rule of the people' over that of their colonial masters. However post-colonial 'self-determined' states are often manufactured entities forced into the strait-jacket of Westphalian statehood; and unlike the states that emanated from the Westphalian Treaty, were given no time to evolve by themselves. As a result these states often house disparate sets of minorities that go unrepresented within the Statist discourse. Further, these states have attempted to suppress their minorities through the various policies associated with nation-building. Today, with secession an increasingly attainable form of self-determination, the question arises as to whether these minorities have a right to form a separate state. The international law of self-determination suggests that this is a right of all peoples. It however leaves the parameters of this 'peoplehood' undefined. This paper seeks to examine the discourse of minority rights within that of the international right to self determination. It seeks to trace the history of minority rights protection, and to examine the way in which minority rights are protected within current international law. In addition, it examines the parameters of peoplehood and concludes by looking at two cases where disaffected minorities in a post-colonial state sought to form their own state.

scholarly journals To The Question of the Right of Indigenous Peoples to Self-Determination and Its Interpretation in International Law

2019 ◽  
Vol 9 (1) ◽  
pp. 5127-5129
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Point Of View ◽  
Self Determination ◽  
Government Officials ◽  
The Public ◽  
Wide Circle ◽  
New Interpretation ◽  
The Right

It is well known that the right of indigenous peoples to self-determination today, as well as in the past, continues to be one of the most complex and difficult to solve issues for both national and international law as a whole. It certainly arouses great interest in itself and attracts attention from a wide circle of the public, excites the minds, and at the same time engenders the broadest discussions. Those discussions often provoke an aggravation of the already not benevolent relationship between indigenous peoples and government officials in their countries of residence. Along with this, those relationships continue to be defined and considered by most indigenous peoples of the world as the “foundation” on which their rights rest, as well as their survival and preservation as separate and independent peoples. Given this circumstance, the team of authors of this paper made an attempt to consider this controversial issue from a somewhat alternative point of view in relation to traditional concepts of self-determination of peoples, namely, from the standpoint of human rights and development policy. Thus, the authors bring a new interpretation to the discussion and study of this issue, which needs to be specified and defined.

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 issue of justification of application of the principle of self-determination of peoples by separatist formations in Ukraine

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Klymenko Kyrylo ◽  
Keyword(s):  
International Law ◽  
Ethnic Group ◽  
International Community ◽  
Self Determination ◽  
The People ◽  
Common Interests ◽  
The Subject ◽  
The Common ◽  
The Right

The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory

scholarly journals Decisions of the Grand national assembly from the perspective of the contemporary international law on people's self determination

2020 ◽  
Vol 54 (1) ◽  
pp. 383-404
Author(s):  
Mihajlo Vučić
Keyword(s):  
International Law ◽  
Central Government ◽  
Great Powers ◽  
Point Of View ◽  
Self Determination ◽  
Political Dimension ◽  
National Assembly ◽  
The People ◽  
Normative Content

Right to self-determination has in the last hundred years been developed through a string of international legal acts and a string of different contexts of international relations. This fact has influenced its contemporary normative content which is not stripped of political dimension. The author identifies in the article four criteria which are the key to full enjoyment of contemporary right of self-determination. These are: permanent and heavy breaches of rights of the people who requests self-determination from the state authorities, weak central government in the territory where this people lives, creation of people's own authorities who can effectively control this territory, support of great powers. Author analyzes the case of self-determination of peoples in Vojvodina to incorporate themselves into Kingdom of Serbia through the prism of these criteria and concludes that from the point of view of contemporary international law this incorporation would be perfectly legal.

Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

2020 ◽  
pp. 1-21
Author(s):  
Muhamad Sayuti Hassan ◽  
Rohaida Nordin
Keyword(s):  
Political Participation ◽  
International Law ◽  
Aboriginal People ◽  
Well Being ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
The Right

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

scholarly journals The “Right to Wage War” against Empire: Anticolonialism and the Challenge to International Law in the Indian National Army Trial of 1945

2019 ◽  
Vol 44 (2) ◽  
pp. 420-443
Author(s):  
Mithi Mukherjee
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
British Colonial ◽  
Indian National Army ◽  
Imperial Japan ◽  
Radical Claim ◽  
The Right ◽  
Colonial Government

This Article treats the Indian National Army Trial of 1945 as a key moment in the elaboration of an anticolonial critique of international law in India. The trial was actually a court-martial of three Indian officers by the British colonial government on charges of high treason for defecting from the British Indian Army, joining up with Indian National Army forces in Singapore, and waging war in alliance with Imperial Japan against the British. In this trial, the defense made the radical claim that anticolonial wars fought in Asia against European powers were legitimate and just and should be recognized as such under international law. The aim of this Article is to draw attention to the understudied role of anticolonial movements in challenging the premises of international law in the aftermath of World War II.

The United States and Self-Determination: Perspectives on the Wilsonian Conception

1976 ◽  
Vol 70 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Michla Pomerance
Keyword(s):  
United States ◽  
World War Ii ◽  
World War I ◽  
Puerto Rican ◽  
The United States ◽  
Self Determination ◽  
World War ◽  
Cultural Autonomy ◽  
Conflicting Demands ◽  
The Right

Ever since the principle of self-determination entered the lexicon of international politics during World War I, American foreign policymakers have had to contend with problems revolving around that concept. The need to favor one or another claimant, each waving the banner of self-determination and invoking the “right to determine its own fate,” continues to present dilemmas, often extremely troubling ones, for U.S. decisionmakers. Examples from recent history come readily to mind. The entire post-World War II decolonization process entailed an endless series of such dilemmas, and even after formal decolonization was all but completed, such nagging issues as Katanga, Biafra, and Eritrea remained, not to mention the problems of South Africa, Northern Ireland, the Middle East, and Indochina. Indeed, even within America’s own imperial domain, the United States was faced with the conflicting demands of the Puerto Rican nationalists and the majority of the Puerto Rican electorate, the claims of the Marianas as against those of Micronesia as a whole, and demands for cultural autonomy on the part of diverse ethnic groups.

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