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Questions and Answers
What does the principle of self-determination primarily advocate for?
What does the principle of self-determination primarily advocate for?
Which document recognizes self-determination while preserving territorial integrity of states?
Which document recognizes self-determination while preserving territorial integrity of states?
What did the International Court of Justice state in its advisory opinion regarding Kosovo?
What did the International Court of Justice state in its advisory opinion regarding Kosovo?
How does self-determination manifest for indigenous and tribal peoples?
How does self-determination manifest for indigenous and tribal peoples?
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What is a significant limitation of the right to self-determination as per international law?
What is a significant limitation of the right to self-determination as per international law?
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What does ILO Convention No. 169 call for regarding indigenous peoples?
What does ILO Convention No. 169 call for regarding indigenous peoples?
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What creates tension in the principle of self-determination?
What creates tension in the principle of self-determination?
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Which of the following situations best exemplifies remedial secession?
Which of the following situations best exemplifies remedial secession?
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What does Article 20 of the African Charter on Human and Peoples' Rights address?
What does Article 20 of the African Charter on Human and Peoples' Rights address?
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In the case of Katangese Peoples’ Congress v Zaire, what was the primary reason for the rejection of the independence claim?
In the case of Katangese Peoples’ Congress v Zaire, what was the primary reason for the rejection of the independence claim?
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What aspect of self-determination do indigenous groups in the Americas prioritize?
What aspect of self-determination do indigenous groups in the Americas prioritize?
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What was upheld in the Kevin Mgwanga Gunme v Cameroon case?
What was upheld in the Kevin Mgwanga Gunme v Cameroon case?
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Which declaration reaffirmed the inviolability of borders inherited at independence in Africa?
Which declaration reaffirmed the inviolability of borders inherited at independence in Africa?
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Which of the following is generally a condition for self-determination through secession according to international jurisprudence?
Which of the following is generally a condition for self-determination through secession according to international jurisprudence?
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In the Inter-American Court's approach, self-determination is tied to which of the following?
In the Inter-American Court's approach, self-determination is tied to which of the following?
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How does the African Commission interpret the rights of peoples without explicitly defining 'peoples'?
How does the African Commission interpret the rights of peoples without explicitly defining 'peoples'?
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Study Notes
The Principle of Self-Determination in International Law
- Self-determination, a core principle in international law, is enshrined in the UN Charter and related covenants. It's recognized for granting independence to oppressed groups.
- However, it creates tension with the territorial integrity of existing states. This conflict is evident in historical instances like the dissolution of empires after WWI and the independence of colonial territories post-WWII.
- The UN Declaration on Principles of International Law recognizes the universal right to self-determination, but limits secession to cases where states violate principles of equality and non-discrimination. The Vienna Declaration reinforces this.
Legal Developments and the Kosovo Case
- Post-WWII developments created a right to independence for non-self-governing peoples under alien domination, highlighted in the ICJ advisory opinion on Kosovo.
- The ICJ avoided explicitly addressing the legality of secession outside this context or "remedial secession." This lack of clarity affects state practices, notably in regions with legacies of colonialism.
Self-Determination Beyond Secession
- Self-determination isn't solely about secession. Indigenous and tribal peoples often seek internal self-determination, focusing on autonomy over their lands and resources.
- Instruments like ILO Convention No. 169 and UNDRIP recognize the right of indigenous peoples to self-determination within existing states, emphasizing self-identification.
African Approaches to Self-Determination
- The African Charter on Human and Peoples’ Rights differentiates between external and internal self-determination, based on oppression status.
- The African Commission has extended self-determination rights to indigenous groups based on shared ancestry and culture, but often upholds existing state boundaries.
Key Cases in African Jurisprudence
- Katangese Peoples’ Congress v Zaire (1995): Secession is limited to cases of severe human rights violations or lack of representation.
- Kevin Mgwanga Gunme v Cameroon: While recognizing a distinct people, the African Commission upheld Cameroon's territorial integrity due to insufficient evidence for secession.
Indigenous Peoples in the Americas
- In the Inter-American system, indigenous groups mainly focus on land rights and development, rather than secession.
- Landmark cases (e.g., Awas Tingni v Nicaragua, Saramaka People v Suriname) emphasize indigenous rights to communal property.
Balancing Emancipation and Sovereignty
- Territorial integrity is a strong constraint on the right to self-determination, particularly in Africa.
- The 1999 Algiers Declaration reaffirms the inviolability of inherited borders.
- Usually, secession is only permitted as a remedy for severe oppression or human rights violations.
Overall
- Self-determination is a complex principle, balancing peoples' desires with state sovereignty. Its interpretation varies geographically and contextually.
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Description
Explore the principle of self-determination in international law, its implications on state sovereignty, and historical contexts such as post-WWI and WWII. Delve into key legal developments, including the ICJ's advisory opinion on the Kosovo case and its relevance to modern interpretations of self-determination.