Modern Law of Self-Determination /
Modern Law of Self-Determination /
edited by Christian Tomuschat.
- 1 online resource (360 pages) : illustrations.
- Developments in International Law ; 16 International Law - Book Archive pre-2000 .
- Developments in International Law ; 16. International Law - Book Archive pre-2000. .
Includes bibliographical references and index.
Preliminary Material / Editor: Christian Tomuschat -- Foreword / Christian Tomuschat -- Contributors / Editor: Christian Tomuschat -- Self-Determination in a Post-Colonial World / Christian Tomuschat -- The Issue of a Right of Secession - Reconsidered / Dietrich Murswiek -- The Right of Self-Determination and Indigenous Peoples / Gudmundur Alfredsson -- Self-Determination and Indigenous Peoples / Douglas Sanders -- A “Federal” Right of Self-Determination? / Otto Kimminich -- The Democratic or Internal Aspect of Self-Determination with Some Remarks on Federalism / Patrick Thornberry -- In Search of Constructive Alternatives to Secession / Asbjørn Eide -- Self-Determination - Absolute Right or Social Poetry? / Philip Allott -- Self-Determination as a Limit to Obligations under International Law / Jochen A. Frowein -- Internal Self-Determination / Allan Rosas -- Internal Aspects of the Right to Self-Determination: Towards a Democratic Legitimacy Principle? / Jean Salmon -- Annex / Editor: Christian Tomuschat -- Bibliography / Editor: Christian Tomuschat -- Developments in International Law / Editor: Christian Tomuschat.
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.
English
9789004635104
10.1163/9789004635104 DOI
Right of peoples to self-determination.
Self-determination, National.
JX4054
320.1/5
Includes bibliographical references and index.
Preliminary Material / Editor: Christian Tomuschat -- Foreword / Christian Tomuschat -- Contributors / Editor: Christian Tomuschat -- Self-Determination in a Post-Colonial World / Christian Tomuschat -- The Issue of a Right of Secession - Reconsidered / Dietrich Murswiek -- The Right of Self-Determination and Indigenous Peoples / Gudmundur Alfredsson -- Self-Determination and Indigenous Peoples / Douglas Sanders -- A “Federal” Right of Self-Determination? / Otto Kimminich -- The Democratic or Internal Aspect of Self-Determination with Some Remarks on Federalism / Patrick Thornberry -- In Search of Constructive Alternatives to Secession / Asbjørn Eide -- Self-Determination - Absolute Right or Social Poetry? / Philip Allott -- Self-Determination as a Limit to Obligations under International Law / Jochen A. Frowein -- Internal Self-Determination / Allan Rosas -- Internal Aspects of the Right to Self-Determination: Towards a Democratic Legitimacy Principle? / Jean Salmon -- Annex / Editor: Christian Tomuschat -- Bibliography / Editor: Christian Tomuschat -- Developments in International Law / Editor: Christian Tomuschat.
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.
English
9789004635104
10.1163/9789004635104 DOI
Right of peoples to self-determination.
Self-determination, National.
JX4054
320.1/5