The right of self-determination of peoples: the domestication of an illusion

2016 ◽  
Vol 53 (11) ◽  
pp. 53-5032-53-5032
2012 ◽  
Vol 01 (02) ◽  
pp. 139-143 ◽  
Author(s):  
Gauri Sharma ◽  
P. Sarat Chandra ◽  
Vivek Tandon

Abstract As surgeons, we are morally committed to respecting the right of self-determination of patients, thus an informed consent is necessary before any operative intervention. Many neurosurgical patients are incapable of giving consent because of impaired consciousness. Moreover, neurosurgical procedures involve high risks and often are time sensitive; therefore obtaining consent is a challenging job. Patients and their family members need immense courage, understanding, and trust before giving consent for a surgical procedure to a doctor. Lawsuits against doctors are on the rise and it is important to understand “what is consent?” in legal parlance.


2021 ◽  
Vol 6 (1) ◽  
pp. 139-156
Author(s):  
Yordan Gunawan ◽  
Desi Nur Cahya Kusuma Putri ◽  
Ravenska Marchdiva Sienda ◽  
Sigit Rosidi ◽  
Ami Cintia Melinda

The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.


2012 ◽  
Vol 4 (2-3) ◽  
pp. 225-263 ◽  
Author(s):  
James Tully

The article addresses the following question: Can a people change their form of government and law and bring them permanently under their shared democratic authority by nonviolent, participatory democratic means? It examines this question through the example of the nonviolent Egyptian Spring. It also addresses the questions of whether this is a new form of the right of self-determination of peoples as well as an alternative to the current models of transitional justice. The means used to address these questions are adapted from the methods of legal and political pluralism, the politics of nonviolence and participatory democracy. Its objective is to place the nonviolent Egyptian Spring in the broader context of nonviolent and democratic regime transformation since Decolonization.


Author(s):  
Daniel Turp

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.


Author(s):  
André Binette

SommaireProfessor Cassese’s latest book is a major contribution to the study of the Law and the practice of self-determination of peoples. This work is particularly relevant for the jurist who is trying to analyze the cases of the Québécois and the Native peoples of Canada within the present debate on the evolution of the right of self-determination. Although the author’s views will not be shared by all, they will remain an indispensable reference for many years to come.


2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.


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