Indigenous “People” in the context of the Right to Self Determination: A Critical Appraisal

Under the international human rights regime, the right to self-determination is a right guaranteed to the groups of “people”. This right is one of the most controversial issues of international law as it comes into conflict with the principle of sovereignty and territorial integrity of the states. There are various uncertainties associated with this right regarding the scope of the right and mode of implementation etc. The present article seeks to make an in-depth analysis of the claimants of the right and the uncertainties associated with the meaning of the term “people” in the context of the right to self-determination. The article encompasses, among other things, the right of indigenous people under various international instruments and how they interrelate to the right of self-determination.

“Why Can’t We?” Disinformation and Right to Self-Determination. The Catalan Conflict on Twitter

Disinformation does not always take the form of a fake news item, it also appears in much less evident formats which are subtly filtered into public opinion, thus making its detection more difficult. A method is proposed in this paper to address the study of “widespread” disinformation by combining social science methods with artificial intelligence and text mining. The case study chosen was the expression “right of self-determination” as a generator of disinformation within the context of the Catalan independence process. The main work hypothesis was that the (intentional or unintentional) confusion around the meaning and scope of this right has become widely extended within the population, generating negative emotions which favour social polarisation. The method utilised had three stages: (1) Description of the disinformation elements surrounding the term with the help of experts; (2) Detection of these elements within a corpus of tweets; (3) Identification of the emotions expressed in the corpus. The results show that the disinformation described by experts clearly dominates the conversation about “self-determination” on Twitter and is associated with a highly negative emotional load in which contempt, hatred, and frustration prevail.

6 Jus Cogens in Recent Legal Scholarship

This chapter evaluates recent legal scholarship on jus cogens. Writers continue to discuss and debate the origins and sources of jus cogens. In addition, they devote increasing attention to the specific norms proposed for such status. The prohibition of enforced disappearance, for example, has been recognized in writings as a norm of jus cogens. Other specific norms proposed include the prohibition of torture; the principle of non-refoulement; the prohibition of crimes against humanity; the prohibition of apartheid and racial discrimination; the prohibition of slavery; and the right of self-determination. The jus cogens status of basic rules of humanitarian law is also generally recognized in the literature.

PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR

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.

Narrative Strategies of Decolonisation: Autoethnography in Mamang Dai’s The Legends of Pensam

According to John Quintero, “The decolonisation agenda championed by the United Nations is not based exclusively on independence. It is the exercise of the human right of self-determination, rather than independence per se, that the United Nations has continued to push for.” Situated within ontologies of the human right of self-determination, this paper will focus on an analysis of The Legends of Pensam by Mamang Dai, a writer hailing from the Adi tribe of Arunachal Pradesh, to explore the strategies of decolonisation by which she revitalizes her tribe’s cultural enunciations. The project of decolonisation is predicated on the understanding that colonialism has not only displaced communities but also brought about an erasure of their epistemologies. Consequently, one of its major agenda is to recuperate displaced epistemic positions of such communities. In the context of Northeast India, the history of colonial rule and governance has had long lasting political repercussions which has resulted not only in a culture of impunity and secessionist violence but has also led to the reductive homogeneous construction of the Northeast as conflict ridden. In the contemporary context, the polyethnic, socio-cultural fabric of the Northeast borderlands foregrounds it as an evolving post-colonial geopolitical imaginary. In the light of this, the objective of this paper is to arrive at the ramifications of employing autoethnography as a narrative regime by which Mamang Dai reaffirms the Adi community’s epistemic agency and reclaims the human right towards a cultural self-determination.

Procedural unconstitutionality and illegality of Prespa Agreement

The Prespa Agreement signed on June 17, 2018, which changed the constitutional name of the Republic of Macedonia, is a precedent on international law. In the procedure of his conclusion, ratification, and execution were committed serious violations of procedural rules. Although the violations that this agreement produces are numerous, and with different nature, the focus of this paper is on procedural violations. The Prespa Agreement also has a lot of substantial mistakes which is in confrontation with the Constitutional, and the international law because the Prespa Agreements provisions derogate some essentially fundamental rights as a right of self-determination. But this paper is focused only on fundamental violations of legal norms that prescribes the procedure for promulgation of the Prespa Agreement - the process of negotiation, conclusion, ratification, and publishing. The process of negotiating, signing and ratifying the Prespa Agreement is followed by flagrant violations of the constitutional norms, statute norms, and the norms of the Vienna Convention on the Law of Treaties in the part that regulates the issue of persons who was competence for adopting an authenticating the text of a treaty. Besides the introductory part and historical introduction to the genesis of the problem, the focus of this paper is the procedure of negotiating, concluding, and ratifying the Prespa Agreement. The procedural aspects of the referendum on the Prespa Agreement will be elaborate in the part called “negotiation and conclusion of international agreement” because, by the time being, this referendum was issue notice after the conclusion phase and before ratification.

KOSOVO STATUS ACCORDING TO STUDENTS OF THE UNIVERSITY OF ZAGREB AND THE UNIVERSITY OF BELGRADE

Kosovo independence still remains a key issue on a global scale. In simple terms, there are two contradictory stands on the sovereignty of Kosovo. According to the first one, Kosovo declaration of independence is illegal due to the breach of international law and the constitution of the Republic of Serbia of 2006. Meanwhile the second stand proves that unilateral Kosovo declaration of independence was legal since Kosovo Albanians are fully entitled to the right of self-determination. The following paper presents an opinion on Kosovo independence expressed by the students of the Faculty of Political Science at the University of Belgrade and the University of Zagreb – two most important universities in Serbia and Croatia. The results presented in the paper are based on the survey carried out by the author in 2013.

Media role in the formation of public opinion towards the right of self-determination for Kurds in Iraq

This research deals with the subject of the Kurdish media in relation to the right of self-determination, which the Kurds prepare for its central cause and struggle for it. The importance of this research comes from the importance of its basic components represented by the Kurdish media and the right to self-determination, where they combine the equation of influence and influence, which is the operator of the formative relations of things and designed in all human groups, including the community of the region, in addition to being one of the few Kurdish studies in this field, To cast its positive on the operators of the terms of reference.The aim of this research is to realize the levels of interest of the Kurdish media in the concept of the right to self-determination and its role in conveying its meanings and implications to the Kurdish individual, as well as to identify the mechanisms used by this media to convince the individual mentioned this right and activate his tendencies toward him.The research depends on the university teachers, in addition to their field dimension, because they are the most appropriate and the right to express opinions about such strategic issues and their details and implications, because of their knowledge, scientific, specialized and other structural participants, as well as their structural representation of various social components in the Kurdistan Region.