Suchergebnisse

The term self-determination refers to process by which people determine their political status. It is well established that right to self-determination (RSD) is available to all and based on its historical and conceptual evolution, its status amounts to jus cogens or obligations erga omes. In other words, it is a part of customary international law (CIL). While exercising self-determination, people may freely determine their legal and political status vis-a-vis free to pursue economic, social and cultural (ESC) development by virtue of that right. The important milestones for defining and recognizing RSD are (i) the International Covenant on civil and political rights (ICCPR), 1966 and (ii) the International Covenant on economic, social and cultural rights (ICESR), 1966 which defines RSD. In terms of RSD's implementation, there exist certain hurdles and impediments which lead to non-exercise of this right. In this context, this article focuses on legitimacy and various paradoxes of RSD under International law. It analyses its scope, binding nature and legal status with reference to the occupied people in an occupied territory. It discusses different views in relation to its applicability. The argument developed throughout the article is that by virtue of recognition of RSD, in general, international community may implement RSD of those who are denied so far and ensure its availability to all in practical terms. In particular, such right may be implemented in occupied territories by means of referendum or plebiscite under auspices of the United Nations (UN) for securing rights of those who are struggling since decades. It concludes that, by virtue of implementation and enforcement of RSD in all jurisdictions, universal lasting peace can be established and international security can be ensured.

This article suggests that viewing the right to self-determination as an enforceable right possibly leading up to secession is no longer tenable, if it ever was. Instead, courts and quasi-judicial tribunals have reconceptualized self-determination as a legal principle rather than a right and have severed the connection with secession. Hence, this article argues that self-determination has been turned into a procedural norm; and this reconceptualization can be defended in terms of republican political theory.

Abstract
In recent decades, peoples have frequently asserted a right to participate in the international legal order, and have participated in various international law-making and regulatory processes carried out under the auspices of intergovernmental organizations. However, while self-determination has long been understood to encompass a right to participation at the national level, the case for this legal right at the international level has not been comprehensively discussed. I present an account of the development of the law of self-determination and argue that by its logic, the law of self-determination can be interpreted as justifying a collective right of peoples to participate in international law-making. The article proposes a formulation of the right including its corresponding duties. The article's key contribution is to offer an understanding of how practice by states and international organizations to grant indigenous peoples enhanced status in intergovernmental fora may be seen to logically follow from the law of self-determination.

This article discusses Kashmiris' right to self-determination under International Human Rights Law. It highlights Kashmiris' entitlement to self-determination while they reside in the disputed Indian occupied State of Jammu and Kashmir (J&K). In addition, this article analyses the rule of National Liberation War under International Humanitarian Law and its distinction with frequently associated terms i.e., "aggression" and "terrorism." At the end, legitimacy of Kashmir's liberation struggle as a National Liberation War under International Humanitarian Law is explained followed by the conclusion of the article.

The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ's Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a "people" as opposed to a "minority", describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term. ; pawelchamiercieminski@gmail.com ; Paweł von Chamier Cieminski – PhD student in law at the Faculty of Law and Administration of the University of Warsaw (Poland). 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