Modern Law of Self-Determination

ISBN-13: 9780792323518 / Angielski / Twarda / 1993 / 360 str.

Christian Tomuschat

Opis

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.

Spis treści

Foreword. Self-Determination in a Post-Colonial World; C. Tomuschat. The Issue of a Right of Secession - Reconsidered; D. Murswiek. The Right of Self-Determination and Indigenous Peoples; G. Alfredsson. Self-Determination and Indigenous Peoples; D. Sanders. A `Federal' Right of Self-Determination? O. Kimminich. The Democratic or Internal Aspect of Self-Determination with Some Remarks on Federalism; P. Thornberry. In Search of Constructive Alternatives to Secession; A. Eide. Self-Determination - Absolute Right or Social Poetry? P. Allott. Self-Determination as a Limit to Obligations under International Law; J.A. Frowein. Internal Self-Determination; A. Rosas. Internal Aspects of the Right to Self-Determination: towards a Democratic Legitimacy Principle? J. Salmon. Annexes: I: UN General Assembly Resolution 1514 (XV). II: UN General Assembly Resolution 1541 (XV). III: UN General Assembly Resolution 2625 (XXV). IV: UN General Assembly Resolution 47/135. V: UN Draft Declaration on Indigenous Peoples. VI: ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries. VII: CSCE Helsinki Final Act. VIII: CSCE Document of the Copenhagen Meeting of the Conference on the Human Dimension. IX: CSCE Charter of Paris for a New Europe. X: EC Declaration on the `Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union'. Bibliography.