Modern law and self-determination
Martinus Nijhoff Publishers, 1993 - Law - 347 pages
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
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Aboriginal adopted applied Assembly resolution autonomy Cassese Charter Christian Tomuschat Civil and Political claims co-operation colonial concept concerned constitutional Convention Council of Europe Covenant on Civil Croatia CSCE Declaration on Principles decolonization democracy democratic economic established ethnic group ethno-nationalism Europe existing external federal Frankfurter Allgemeine Zeitung Friendly Relations fundamental freedoms Germany Human Rights Committee ibid independence indigenous individual internal self-determination International Covenant Journal of International jus cogens land League of Nations legitimacy linguistic Maori national minorities Operative paragraph organizations participation peace persons belonging Political Rights political status Protection of Minorities public international law recognition recognized regime religious Republic respect right of secession right of self-determination rights and fundamental rule Sami Security Council self-government situation social and cultural society sovereign sovereignty Soviet Union territorial integrity Tomuschat treaty tribal United Nations uti possidetis WGIP Yugoslavia
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