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.

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.

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.

Self-Determination of Colonial Peoples – The Case of Greenland Revisited

2008 ◽  
Vol 77 (4) ◽  
pp. 365-400 ◽  
Author(s):  
Jens Elo Rytter
Keyword(s):  
International Law ◽  
Self Determination ◽  
General Assembly ◽  
The People ◽  
Right Of Self Determination

AbstractIn 1953 Greenland, having been a Danish colony for centuries, became an integral part of the Danish realm. The General Assembly in resolution 849 recognised this change of status as an exercise by the people of Greenland of their right of self-determination. Subsequently, however, some scholars have questioned the validity under international law of Greenland's change of status, referring to non-fulfilment of certain substantive and procedural requirements of the exercise of colonial self-determination. Addressing this criticism the article concludes that, based on the norms and standards applicable at the relevant time, there is not a sufficient basis for challenging the validity of Greenland's integration with Denmark in 1953 and the General Assembly's endorsement thereof. Consequently, in legal terms, Greenland cannot today claim a continued right of external self-determination, including independence from Denmark.

scholarly journals Działania Organizacji Narodów Zjednoczonych na rzecz dekolonizacji i pokoju w Saharze Zachodniej

2018 ◽  
pp. 139-150
Author(s):  
Maciej Skuczyński
Keyword(s):  
Conflict Resolution ◽  
United Nations ◽  
Great Powers ◽  
Self Determination ◽  
Modern History ◽  
Western Sahara ◽  
The People ◽  
History Of

The author examines the role of the United Nations in process of decolonisation of the Western Sahara. The article describes a modern history of Western Sahara focusing on the UN’s policies and activities related to this basing on resolutions, reports and other documents of the organization.The aim of the article is to present UN’s decolonisation and conflict resolution activities in Western Sahara. The text shows that the UN has remarkable achievements concerning the people of Sahara, although the main aim – self-determination of Sahrawi people by referendum – currently is unattainable because of idleness of great powers and firm stance of occupying state – the Kingdom of Morocco.

International Law and Self-Determination in Namibia

1970 ◽  
Vol 8 (4) ◽  
pp. 585-603 ◽  
Author(s):  
U. O. Umozurike
Keyword(s):  
International Law ◽  
Point Of View ◽  
Self Determination ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
The People ◽  
Military Presence ◽  
International Court ◽  
History Of ◽  
South West Africa

Namibia, formerly South-West Africa, continues from the point of view ofinternational law to represent the symbol of violated right. Even though the United Nations has been seized of the matter for many years and the International Court of Justice has been given the opportunity to adjudicate, the problem appears to be as intractable as ever. South Africa has established her administrative and military presence and means to defend what she considers to be her right with all the forces at her command. The country does not lack friends whose direct or indirect support it counts upon. Yet the fundamental issue remains: Are the people of Namibia entitled to self-determination and how may they exercise that right? It will be necessary to refer back to the history of Namibia from the time of the mandate.

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 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

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.

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