Oppenheim and brierly, two of the leading british authorities, make no mention of selfdetermination. Recent trends in the theory of international law anthony carty introduction critical international legal studies constitute a socalled post modern approach to international law. Joshua castellino, international law and self determination, p. Reconciling tradition and modernity in international law, edited by duncan french, isbn 9781107029330, published by cambridge university press from. Pdf click to increase image size click to decrease. A people enjoys under international law the right of selfdetermination. Evolution of the right of selfdetermination, a study of united. The principle was primarily responsible for the decolonisation process that shaped our current international community. Although states are not the only entities with international legal standing and are not the exclusive international actors, they are the primary subjects of international law and possess the greatest range of rights and obligations. Statehood and selfdetermination edited by duncan french february 20. This book proposes a novel theory of selfdetermination. Reconciling tradition and modernity in international law, ed.
Del mar katherine, 20, the myth of remedial secession, in french duncan, statehood and selfdetermination reconciling tradition and modernity in international law, cambridge university press, cambridge, 79108. Sovereignty, international law and democracy european. Katherine del mar 20, the myth of remedial secession, in duncan french ed. As a system of law founded upon the issue of territorial control, ascertaining. An examination of security council resolution 1244, which set forth the international oversight of kosovo following the 1999 nato intervention, and the international law of selfdetermination, secession, and recognition demonstrates that while kosovos declaration of independence and its recognition by various states can be justified under.
Biethnic federalism and the question of sovereignty. Respect for the right of internal selfdetermination of peoples 471. Statehood, recognition and the united nations system. The right of a people to selfdetermination is a cardinal principle in modern international law commonly regarded as a jus cogens rule, binding, as such, on the united nations as authoritative interpretation of the charters norms. The international legal status of the sovereign military order of malta in view of its special legal relations to the holy see the limits of the concept of. While international law embraces the principle of selfdetermination, it does not contain a right of secession. J crawford the creation of states in international law 2nd ed, oup, oxford, 2006 at. Crawford james, 2006, the creation of states in international law, clarendon press, oxford. International law international law states in international law. The world possessed several traditional, continental empires such as the ottoman.
Del mar katherine 20 the myth of remedial secession in french duncan statehood and selfdetermination reconciling tradition and modernity in international law cambridge university press cambridge 79108. Selfdetermination, statehood, and the law of negotiation. Reconciling tradition and modernity in international law, cambridge, cambridge university press, 20. Reconciling tradition and modernity in international law duncan french provides detailed analysis of fundamental issues of statehood and recognition, selfdetermination, and the rights of indigenous peoples. Sovereignty, international law and democracy samantha besson. The concepts of statehood and self determination provide the normative structure on which the international legal order is ultimately premised. Subjects of international law research guide international. Provides a clear understanding of the controversial concepts of selfdetermination and secession, with a particular reference to the experiences of the postsoviet commonwealth of independent states. Reconciling tradition and modernity in international law edited by duncan french frontmatter more information. Unlike states, which possess rights and obligations automatically, international organizations. Archived from the original pdf on january 20, 2012. Read selfdetermination, statehood, and the law of negotiation the case of palestine by dr robert p. Reconciling tradition and modernity in international law cambridge univ. Issues of selfdetermination in the modern world can no longer be effectively resolved through the application of traditional legal rules.
Selfdetermination of indigenous peoples within the human. Ved p nanda, self determination under international law. The meaning and range of the principle of selfdetermination. The international and external aspects of selfdetermination reconsidered.
International law and self determination academike. Reconciling tradition and modernity in international law. This book argues that traditional legal norms on selfdetermination have failed to explain and account for recent results of secessionist selfdetermination struggles. Cambridge core public international law statehood and selfdetermination edited by duncan french. Future together, a centrist party founded in 2004, split in 2008.
The state as a legal concept under international law. Besfort rrecaj makau mutua professor of international law department of law. Enabulele and others published statehood and selfdetermination. International law may not provide for a promised land of milk and honey in any biblical sense but it does provide for the basic right of peoples to selfdetermination a point emphatically reaffirmed by the international court of justice icj, the court in its 1975 advisory opinion in western sahara. This has been widely seen in the cases of independence of colonial states all over the world. International human rights law as part of modern territorial statehood. French, 20, statehood and selfdetermination reconciling tradition and modernity. Right to selfdetermination under international law. This is to assert that the discipline is governed by a particular, historically. Anthea, traditional and modern approaches to customary international law. Modern territorial statehood final version leiden repository.
Reconciling tradition and modernity in international law, chapter 3, cambridge, uk. The meaning of international law father robert araujo abstract this essay contends that popular sovereignty and the other rights enumerated in the uni. Modern law of selfdetermination martinus nijhoff, dordrecht 1993 at 11. Apart from being an academic study of international law, the investigation grounds itself in the comparison of two contemporary cases of attempts at selfdetermination. It begins with a general assessment of the traditional criteria. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. The ethnic dichotomy of self and other in the interwar international law of minority protection. The problem of traditional and modern custom the demise of custom as a source of international law has been widely forecasted. Reconciling tradition and modernity in international law 1. But the inclusion of the right of selfdetermination into international human rights law allows for a different approach to its interpretation. The right to selfdetermination under international law selfistans, secession, and the rule of the great powers, 1st edition. Milano, unlawful territorial situations in international law. Analysis of past and present initiatives 19122012, leiden, nijhoff, 20.
The law of selfdetermination and the criteria for statehood. This has led to significant problems with the traditional understanding. Max planck unyb 12 2008 2 national law because of its political nature, nor do they have, as will be shown below, developed any consistent explanation of the international legal position that would envisage or tolerate the independent state of kosovo. Instead, as in so many other areas, opposing principles seem to come in complementary. In international law, the principle of self determination recognises the right of freedom of a state from the rule of any oppressionist power. But the inclusion of the right of self determination into international human rights law allows for a different approach to its interpretation. Traditional and modern approaches to customary international law. This approach is misleading and no longer in line with modern international law, however. Selfdetermination as a human right peace palace library. Yet, somewhere in history, after the dust of the battles for decolonization and. The modern law of statehood 451 bibliography 453 table and index of cases 481 index 485. Selfdetermination and secession in international law.
The question of whether kosovo is a state is material for a. In the light of the abovementioned developments, this book examines the modern law of statehood, and in particular the role of the law of self determination in the process of the formation of states in international law. The body of international legal rules governing the process of state. Statehood and self determination edited by duncan french february 20. Raic, statehood and the law of selfdetermination, the hague. Caledonie ensemble is a political party in new caledonia. Crawford james 2006 the creation of states in international law clarendon press oxford. See generally lea brilmayer, secession and selfdetermination. The prohibition of abuse of the right of selfdetermination. International law provides no easy answer to the problem ofseparatist movements. It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights.
In her book, milena sterio discusses the selfistan 1 nature of selfdetermination in international law and draws parallels with how the concept of selfdetermination was developed in the aaland island case in 1921 and by the canadian supreme court in the quebec decision in 1998 to construct the modern quest for selfdetermination in both. Reconciling tradition and modernity in international law find, read and cite all the. The internal and external aspects of selfdetermination reconsidered. Reconciling tradition and modernity in international law, edited by duncan french, isbn 9781107542686, published by cambridge university press from.
Statehood and selfdetermination reconciling tradition and modernity in international law. From the madrid invitation in 1991 to the introduction of the oslo process in 1993 to the present, a negotiated settleme. It may be argued that international law merely tolerates secession in instances of external selfdetermination, where a people is colonized or oppressed like in the case of kosovo. Traditionally, self determination was recognised as a right of peoples under colonial rule to gain independence. Sep 25, 2002 in the light of the abovementioned developments, this book examines the modern law of statehood, and in particular the role of the law of self determination in the process of the formation of states in international law. Reconciling tradition and modernity in international law, duncan french, ed. Customary international law has a more precise and technical meaning in the realm of rules governing relations between distinct states, referring to those aspects of international law that are based on custom or practice between states. We use cookies to make interactions with our website easy and meaningful, to better understand the use of our services, and to tailor advertising. Rethinking selfdetermination andrew pullar abstract nzlii. The traditional view was that secessionist movements, when not under. Statehood and selfdetermination edited by duncan french. Reconciling tradition and modernity in international law, edited by duncan french, 229249. Franks, sovereignty, statehood and selfdetermination, 15 j.
Selfdetermination, secession, and state recognition. The right to selfdetermination under international law. The impact of recognition on the creation of states in international law. Part of the international law commons, and the law and economics commons. In the light of the abovementioned developments, this book examines the modern law of statehood, and in particular the role of the law of selfdetermination in the process of the formation of states in international law. The principle of selfdetermination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The right of a people to selfdetermination is a cardinal principle in modern international law. The impact of supranationalism on state sovereignty from. Selfdetermination has been used in equal rhetorical brilliance by a number.
The study shows that the law of statehood has changed considerably since the establishment of the united nations. It states that people, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and. The united states could encourage the practice of granting some in termediate status short of independent statehood to unrecognized peoples or other distinct eco. Selfdetermination and secession under international law. Fordham international law journal volume 24, issue 5 2000 article 1 sovereignty, human rights, and. The concepts of statehood and selfdetermination provide the normative structure on which the international legal order is ultimately premised. Buy the print book check if you have access via personal or institutional login. Statehood and the law of selfdetermination, the hague, 2002, p. Statehood and self determination reconciling tradition and modernity in international law edited by duncan french cambridge university press. Feb 21, 20 the concepts of statehood and self determination provide the normative structure on which the international legal order is ultimately premised. International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. Statehood and the law of selfdetermination a 368850 david raic kluwer law international. The statehood of collapsed states in public international law dialnet.
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