A new approach to the right to self-determination in international law with a view to minority rights
Subject Areas :Leila Ramezannezhad 1 , Maryam Moradi 2 * , mohsen dianat 3
1 - PhD Student, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
2 - Assistant Professor, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
3 - Associate Professor, Department of Political Science, Payame Noor University, Tehran, Iran
Keywords: The principle of sovereignty of nations, democracy, the right to self-determination, minority rights, secession, decolonization,
Abstract :
With the end of decolonization, an important issue in international law was raised, which was the formulation of separatist demands of minorities in light of the right to self-determination, which was mainly accompanied by violent reactions from states, which could be said to be a threat to international peace and security and involved gross violations of human rights. The end of the Cold War revealed a new approach to the concept of the right to self-determination, which was able to provide a solution to these conflicts by establishing a compromise between this right and the principles of international law such as territorial integrity. In the new perspective, the right to self-determination has been oriented from the right to form a state to the right to organize a state by the people and minorities. With this explanation, the right to self-determination is used as a basis and support for the establishment of democracy and the development of human rights, as well as guaranteeing the rights of minorities. If we want to examine the independence of the Catalan region of Spain as a case, it should be noted that the Spanish legal system has many ethnic, religious, cultural and linguistic diversities. This country can be considered a simple state because it is governed by an open, decentralized system and in the form of a regional system with autonomy granted to 17 regions. The purpose of this article is to research the future of these conflicts in a descriptive and analytical way. At the same time, this article intends to examine the background and concept of the right to self-determination and introduce its new dimensions.
1.Brown, Michael (1993). Ethnic Conflict and International Sequrity, Princeton: Perinceton University Press.
2 .Castellino, Joshua (2000). International Law and Self-determination, The Hague, Martinus Nijhoff Publishers.
3.Archibugi, Daniele (2003). "A Critical Analysis of Self-Determination of People: A Cosmopolitan Perspective", Constellations (An International Journal of Critical and Democratic Theory), Vol. 10, Issue 4.
4. Sambanis, Nichilas (2000). "Partition as a Solution to Ethnic War", World Politics, No.4.
5.Ryan, Kevin (1991). "Rights, Intervention and self-Determination", Denever Journal of International Law and Policy, Vol.20.
Documents
6. Declaration on the Granting of Independence to Colonial Territories and Peopels, G. A. RES. 1514(XV) (14December 1960), From: http://www.tamilnation.org/selfdetermination/instruments/60_1514_GA_resolution.htm.
1- Antonio Cassese (1999) , Self-Determination: a Legal Reappraisal , Cambridge, Cambridge University Press.
2- Buchheit (2020), Secession : the Legitimacy of Self-Determination , New Haven, Yale University press.
3- Crawford (2007), the Creation of states in international Law , 2nd edition .
4- Marcelo Kohen (2006),International , in : M. Kohen (ed).,Secession .international Law perspectives, Cambride and New York , Cambridge University press.
5- N.S. Malcolm (2003) , International Law , Cambridge. Cambridge University press.
6- A.Peters (2011), "Does Kosowo Lie in the Lotus-Land of Freedom " , leiden Journal of International Law , Vol .24,pp.85-99.
7- G.J. Simpson (1996), " The Diffusion of Sovereignty : Self – Determination in the Postcolonial Age " , Stanford Journal of International Law , Vol .32 ,pp.245-260.
8- Marcelo Kohen (2013),ASIL Preoceeding.
9- ICJ Reports, (2010), Advisaory Opinion on Kosovo, Separated Opinion of Judge YUSUF , (22July 2010).
10- ICJ Reports , (2010), Advisory Opinion on Kosovo.
11- Boyle, A., &Craford , J., "Annex A Opinion : Referendum on the independence of Scotland- International Law Aspects . (Scotland Analysis : Devolution and the Implication of Scottish Independence.) UK Govermment.2012.
12-Azizi ,S. (2008). The independence of Kosovo :The Leagality of unilateral secssion in international law , INTERNATIONAL LAW REVIEW , 38,11-45.(in Pesian ).
13-Bartkus,V.(1999) . The dynamic of secession . London : Cambridge University Press.
14- Borgen, Ch. J .(2010). From Kosovo to Catalonia : separatism in Europe, Goettingen ,Journal of international Law, 3,997-1033.
15-Buchanan ,A .(2007).Justice , Legitimacy , and self_ determination : moral foundation for international law .New York : Cambridge UNIversity Press.
16- Kohen, M.G.(2006) Introdection , in Kohen ,m.G.Secassion :international Law Perspectiv. NEW YORK :Cambridge University.
17- Ryngaert ,C.,& Griffieon ,Ch.(2009). The relevance of the right to self_determination in the Kosovo matter : IN partial response to the agora papers , Chines journal of international Law , 8, 573-587.
18-Sterio, M.(2013).The right to self_determination under international Law: self_determination , secssion and the rule of the gareat powers .New York : Routlwdge.
19-Tomuschat , Ch.(2006). Secession and self_determination . in Kohen , M,G.Secession : international Law Perspective . NEW York : Cambridge University Press.