Self-Determination in International Law
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Questions and Answers

What does the principle of self-determination primarily advocate for?

  • Limitation of national borders
  • Abolition of colonial powers
  • Expansion of existing states
  • Independence and self-governance for oppressed groups (correct)
  • Which document recognizes self-determination while preserving territorial integrity of states?

  • Universal Declaration of Human Rights
  • Geneva Conventions
  • Vienna Declaration (correct)
  • Covenant on Civil and Political Rights
  • What did the International Court of Justice state in its advisory opinion regarding Kosovo?

  • Self-determination applies only within colonial contexts
  • All declarations of independence are illegal
  • Secession is permitted in all cases
  • Non-self-governing peoples under alien domination may have a right to independence (correct)
  • How does self-determination manifest for indigenous and tribal peoples?

    <p>Via internal self-determination and autonomy</p> Signup and view all the answers

    What is a significant limitation of the right to self-determination as per international law?

    <p>It cannot be invoked against states that adhere to equality and non-discrimination</p> Signup and view all the answers

    What does ILO Convention No. 169 call for regarding indigenous peoples?

    <p>Autonomy and control over ancestral lands and resources</p> Signup and view all the answers

    What creates tension in the principle of self-determination?

    <p>The aspirations for independence versus the territorial integrity of existing states</p> Signup and view all the answers

    Which of the following situations best exemplifies remedial secession?

    <p>An oppressed group seeks independence after suffering violence</p> Signup and view all the answers

    What does Article 20 of the African Charter on Human and Peoples' Rights address?

    <p>The differentiation between oppressed peoples and those within existing states</p> Signup and view all the answers

    In the case of Katangese Peoples’ Congress v Zaire, what was the primary reason for the rejection of the independence claim?

    <p>Inadequate representation and massive human rights violations</p> Signup and view all the answers

    What aspect of self-determination do indigenous groups in the Americas prioritize?

    <p>Land and resource rights</p> Signup and view all the answers

    What was upheld in the Kevin Mgwanga Gunme v Cameroon case?

    <p>Cameroon's territorial integrity</p> Signup and view all the answers

    Which declaration reaffirmed the inviolability of borders inherited at independence in Africa?

    <p>1999 Algiers Declaration</p> Signup and view all the answers

    Which of the following is generally a condition for self-determination through secession according to international jurisprudence?

    <p>Severe oppression or human rights violations</p> Signup and view all the answers

    In the Inter-American Court's approach, self-determination is tied to which of the following?

    <p>Land use and survival</p> Signup and view all the answers

    How does the African Commission interpret the rights of peoples without explicitly defining 'peoples'?

    <p>As indigenous and tribal groups sharing ancestry and culture</p> Signup and view all the answers

    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.
    • 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.

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