Modern Law of Self-Determination

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Christian Tomuschat
BRILL, 21 авг. 2023 г. - Всего страниц: 360
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.

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SelfDetermination in a PostColonial World
1
The Issue of a Right of Secession Reconsidered
21
The Right of SelfDetermination and Indigenous Peoples
41
SelfDetermination and Indigenous Peoples
55
A Federal Right of SelfDetermination?
83
The Democratic or Internal Aspect of SelfDetermination with some remarks on Federalism
101
In Search of Constructive Alternatives to Secession
139
SelfDetermination Absolute Right or Social Poetry?
177
SelfDetermination as a Limit to Obligations under International Law
211
Internal SelfDetermination
225
towards a Democratic Legitimacy Principle?
253
Annex
283
Bibliography
327
Developments in International Law
349

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