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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Study of the legal aspects of self-determination and of the role of UN practices and policies regarding access to independence and Statehood of former colonies and trust territories - appraises the competence of the UN organs in various situations (incl. Conflict situations), examines the procedures used by the UN to attain political participation of indigenous peoples for the purpose of self-determination (plebiscites, etc.), and covers international law applications, etc. Bibliography pp. 373 to 388.
This book examines the conceptual and political history of the right of self-determination of peoples.
Study of the legal aspects of self-determination and of the role of UN practices and policies regarding access to independence and Statehood of former colonies and trust territories - appraises the competence of the UN organs in various situations (incl. Conflict situations), examines the procedures used by the UN to attain political participation of indigenous peoples for the purpose of self-determination (plebiscites, etc.), and covers international law applications, etc. Bibliography pp. 373 to 388.
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned 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 study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.