Masters thesis on the right of self-determination. The author argues that this right is applicable outside the colonial context. Even though outside the colonial context the internal aspect of this right should be emphasised, the author describes the limited conditions under which a people is entitled to external self-determination in the form of remedial secession.
The document discusses the right to self-determination as recognized by international law and several legal documents. Specifically, it is recognized by the South African Constitution, the African Union Charter on Human and Peoples Rights, the United Nations Charter, and the International Covenant on Civil and Political Rights. The document argues that the Cape region fulfills the criteria for self-determination and independence, as prior to 1910 South Africa did not exist as a unified entity, and other regions have since achieved independence. It encourages support for Cape independence organizations working toward exercising the right to self-determination.
Self-determination has its origins in ancient societies but became popular in the 20th century during independence movements. It is the principle that a people, based on respect for human rights, have the right to freely choose their sovereignty and international political status with the priority of peaceful and cooperative means. However, determining who constitutes a "people" and how to balance self-determination claims with territorial integrity of existing states remains an ongoing challenge addressed by the United Nations and in various independence and autonomy movements around the world.
This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
The document discusses the crime of genocide under international law. It provides background on how the term was coined after World War II and how it was formulated in the UN Genocide Convention of 1948. The crime aims to destroy national, ethnic, racial or religious groups in whole or in part. Protected groups are defined and the individual acts that can constitute genocide are outlined, including killing, causing harm, inflicting conditions to physically destroy a group, preventing births, and forcibly transferring children. Questions regarding aspects of proving genocide are also addressed.
This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
This presentation explain the horror of Genocide in the context of International law. It also marks the Muslim states suffering from Genocide since world war 2.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
The document discusses the right to self-determination as recognized by international law and several legal documents. Specifically, it is recognized by the South African Constitution, the African Union Charter on Human and Peoples Rights, the United Nations Charter, and the International Covenant on Civil and Political Rights. The document argues that the Cape region fulfills the criteria for self-determination and independence, as prior to 1910 South Africa did not exist as a unified entity, and other regions have since achieved independence. It encourages support for Cape independence organizations working toward exercising the right to self-determination.
Self-determination has its origins in ancient societies but became popular in the 20th century during independence movements. It is the principle that a people, based on respect for human rights, have the right to freely choose their sovereignty and international political status with the priority of peaceful and cooperative means. However, determining who constitutes a "people" and how to balance self-determination claims with territorial integrity of existing states remains an ongoing challenge addressed by the United Nations and in various independence and autonomy movements around the world.
This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
The document discusses the crime of genocide under international law. It provides background on how the term was coined after World War II and how it was formulated in the UN Genocide Convention of 1948. The crime aims to destroy national, ethnic, racial or religious groups in whole or in part. Protected groups are defined and the individual acts that can constitute genocide are outlined, including killing, causing harm, inflicting conditions to physically destroy a group, preventing births, and forcibly transferring children. Questions regarding aspects of proving genocide are also addressed.
This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
This presentation explain the horror of Genocide in the context of International law. It also marks the Muslim states suffering from Genocide since world war 2.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
The document outlines 30 basic human rights that all people should have access to, including the rights to life, liberty, privacy, ownership of property, freedom of movement and residence, education, and participation in government. It states that these rights should apply universally and equally to all people regardless of differences. The rights are meant to protect individuals and create a just society where everyone can live freely and participate fully.
DEFINITIONS-Genocide-Crimes Against Humanity-War Crimes-Ethnic CleansingMYO AUNG Myanmar
http://knowledgenuts.com/2015/08/02/the-difference-between-ethnic-cleansing-and-genocide/
The Difference Between Ethnic Cleansing And Genocide
By Debra Kelly on Sunday, August 2, 2015
http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1984&context=sulr
Expanding the Crime of Genocide to Include Ethnic
Cleansing: A Return to Established Principles in Light of
Contemporary Interpretations
https://www.menorahreview.org/article.aspx?id=63
Ethnic Cleansing and Genocide: Similarities and Differences
https://en.wikipedia.org/wiki/Ethnic_cleansing
Ethnic cleansing
http://www.un.org/en/genocideprevention/ethnic-cleansing.html
Ethnic Cleansing
http://www.un.org/en/genocideprevention/genocide.html
Genocide
http://www.un.org/en/genocideprevention/crimes-against-humanity.html
Crimes Against Humanity
https://www.academia.edu/30464193/The_Difference_between_Genocide_and_Ethnic_Cleansing
The Difference between Genocide and Ethnic Cleansing
https://www.pbs.org/newshour/world/whats-the-difference-between-genocide-and-ethnic-cleansing
What’s the difference between genocide and ethnic cleansing?
https://www.cato.org/blog/ethnic-cleansing-vs-genocide-politics-behind-labeling-rohingya-crisis
Ethnic Cleansing vs. Genocide:
The Politics Behind Labeling the
Rohingya Crisis
http://www.differencebetween.net/miscellaneous/politics/difference-between-ethnic-cleansing-and-genocide/
https://www.linkedin.com/pulse/difference-between-genocide-ethnic-cleansing-kagusthan-ariaratnam/
The document is a summary of the Universal Declaration of Human Rights presented by Bikash Dangaura of Pokhara University. It provides an introduction to the UDHR including that it was adopted by the UN General Assembly in 1948 and contains 30 articles. It then summarizes the key points of several important articles in the declaration, including articles addressing right to life, prohibition of slavery, right to liberty, security, fair trial, privacy, freedom of movement, asylum, nationality, marriage/family, religion, opinion/expression, work, social security, education, and participation in community/science.
The document summarizes the United Nations system for promoting and protecting human rights. It discusses the core human rights treaties and instruments established by the UN, including the Universal Declaration of Human Rights. It describes the key UN bodies that deal with human rights, such as the Human Rights Council, treaty monitoring bodies, and special procedures. The UN provides advisory services, technical assistance, and works with NGOs to support countries in upholding human rights standards.
Human rights are inherent entitlements that belong to all people equally by virtue of their humanity. They include civil/political rights like the rights to life, liberty, and free expression, as well as economic/social/cultural rights like the rights to education, health, and an adequate standard of living. Human rights are universal and apply to all people everywhere regardless of characteristics. They are also indivisible and interdependent, meaning the protection of one right depends on protecting others. While cultures vary, human rights uphold the universal value of human dignity.
Human rights (Universal Declaration of Human Rights)Angie Magdasoc
This document discusses human rights and provides an overview of the Universal Declaration of Human Rights. It describes how human rights are inherent to all humans, regardless of attributes and without discrimination. It outlines the key characteristics and principles of human rights. The document also summarizes the civil, political, economic, social and cultural rights that are laid out in the 30 articles of the Universal Declaration of Human Rights. It concludes by briefly mentioning some human rights issues in the Philippines and listing some local and international human rights organizations.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The document summarizes the Universal Declaration of Human Rights which was adopted by the United Nations General Assembly in 1948. It outlines 30 articles that establish fundamental human rights that all people should universally enjoy including the rights to life, liberty, security, privacy, ownership of property, freedom of speech and religion, equal treatment, fair trial, social security, and more. The declaration was drafted over two years and structured like a Greek temple with a preamble, foundational principles, and columns of rights grouped into categories.
International human rights law has evolved significantly since the United Nations Charter first established protecting human rights as a goal. Three key developments include:
1) The Universal Declaration of Human Rights established civil/political and economic/social/cultural rights but is non-binding.
2) The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights made several rights legally binding and created monitoring mechanisms like the Human Rights Committee.
3) Other treaties like the Convention on the Elimination of All Forms of Discrimination Against Women have further expanded protections, though some states have lodged reservations, particularly around provisions in conflict with interpretations of Sharia law.
The International Court of Justice (ICJ) settles legal disputes submitted by states and provides advisory opinions to UN bodies. It is composed of 15 judges elected by the UN General Assembly and Security Council. The ICJ has jurisdiction over cases between states if they have accepted its jurisdiction, usually by special agreement, treaty clause, or unilateral declaration. States may make reservations to limit the ICJ's jurisdiction over certain disputes like those solely within domestic jurisdiction. The ICJ lacks jurisdiction if states have not consented to its authority and can raise preliminary objections to the admissibility of a case.
The document provides an overview of key topics in human rights, including:
1. The changing understanding of the relationship between state sovereignty and human rights.
2. Issues of compliance and non-compliance in relation to human rights standards and treaties.
3. The development of human rights as a reflection of changing values and ethical standards over time.
Key human rights developments discussed include the abolition of slavery, development of labor rights, universal suffrage, universal education, and self-determination for indigenous groups. International human rights law and treaties are also summarized, including the UDHR, ICCPR, and ICESCR.
The United Nations Convention against Torture is an international treaty that aims to prevent torture around the world. It defines torture and establishes the Committee Against Torture to monitor states' compliance. States must prevent torture, not extradite people where torture may occur, provide due process, and educate their personnel about prohibiting torture. The Convention defines torture and sets forth state obligations and individual rights regarding torture.
The document discusses whether international law can be considered true law. It presents different views on this question. John Austin argued that international law is not legally binding because it lacks a sovereign lawmaker and enforcement mechanisms. However, Oppenheim believed international law meets the criteria as a body of rules agreed upon by states and enforced through their common consent. Modern developments have strengthened international law, with the establishment of international legislation, courts like the ICJ, and collective enforcement through the UN. While Austin's view was valid historically, most scholars now agree international law can be considered true law based on these contemporary changes.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
Genocide and crime against humanity finalPalak Agrawal
This document discusses genocide and crimes against humanity. It defines genocide as mass killing intended to destroy a group as defined by the perpetrator. The UN defines genocide as killing, harming, inflicting conditions to destroy a group, preventing births, or forcibly transferring children. Genocide requires intent to destroy a group in whole or part. Examples discussed include the Armenian genocide and decisions from international criminal tribunals related to Rwanda and the former Yugoslavia. Crimes against humanity include murder, genocide, slavery, torture, rape and apartheid.
Terrorism involves creating fear through violence to further political, religious, or ideological goals. It has ancient origins but the modern concept emerged during the French Revolution. Terrorism can take several forms including state-sponsored, dissent, religious, and criminal. Leading causes include ethno-nationalism, discrimination, religion, socio-economic factors, and political grievances. Common terrorist acts are hijackings, bombings, mass shootings, assassinations, and government takeovers. ISIS is a powerful and brutal terrorist group that has seized large areas of the Middle East and claimed responsibility for attacks worldwide.
The UN General Assembly resolution declares the right to development as an inalienable human right and establishes principles related to its realization. States have the primary responsibility for creating conditions for development and must respect principles of international law and cooperation. All human rights are indivisible and interdependent, and states should take steps to promote these rights, eliminate obstacles to development, and ensure people's participation in development processes.
Self-determination theory (SDT) is a theory of motivation developed by Edward Deci and Richard Ryan that focuses on supporting innate psychological needs for competence, autonomy and relatedness. SDT posits that these basic needs must be satisfied for people to experience optimal motivation and development, and that social and environmental factors can either support or thwart need satisfaction. According to SDT, when these needs are fulfilled people become self-determined to pursue and persist in activities out of interest or intrinsic motivation.
This document contains information about self-advocacy, self-determination, and supported decision making presented by theamazinJ. It discusses that self-advocacy is important for individuals to advocate for themselves and get what they want. It also discusses that supported decision making allows individuals to make their own decisions with support from trusted people. The document outlines that the individual should be in charge of their own life and decisions, with a circle of support to help them achieve their goals. It presents information on different roles like brokers and fiscal intermediaries that can support the individual's self-determination.
The document outlines 30 basic human rights that all people should have access to, including the rights to life, liberty, privacy, ownership of property, freedom of movement and residence, education, and participation in government. It states that these rights should apply universally and equally to all people regardless of differences. The rights are meant to protect individuals and create a just society where everyone can live freely and participate fully.
DEFINITIONS-Genocide-Crimes Against Humanity-War Crimes-Ethnic CleansingMYO AUNG Myanmar
http://knowledgenuts.com/2015/08/02/the-difference-between-ethnic-cleansing-and-genocide/
The Difference Between Ethnic Cleansing And Genocide
By Debra Kelly on Sunday, August 2, 2015
http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1984&context=sulr
Expanding the Crime of Genocide to Include Ethnic
Cleansing: A Return to Established Principles in Light of
Contemporary Interpretations
https://www.menorahreview.org/article.aspx?id=63
Ethnic Cleansing and Genocide: Similarities and Differences
https://en.wikipedia.org/wiki/Ethnic_cleansing
Ethnic cleansing
http://www.un.org/en/genocideprevention/ethnic-cleansing.html
Ethnic Cleansing
http://www.un.org/en/genocideprevention/genocide.html
Genocide
http://www.un.org/en/genocideprevention/crimes-against-humanity.html
Crimes Against Humanity
https://www.academia.edu/30464193/The_Difference_between_Genocide_and_Ethnic_Cleansing
The Difference between Genocide and Ethnic Cleansing
https://www.pbs.org/newshour/world/whats-the-difference-between-genocide-and-ethnic-cleansing
What’s the difference between genocide and ethnic cleansing?
https://www.cato.org/blog/ethnic-cleansing-vs-genocide-politics-behind-labeling-rohingya-crisis
Ethnic Cleansing vs. Genocide:
The Politics Behind Labeling the
Rohingya Crisis
http://www.differencebetween.net/miscellaneous/politics/difference-between-ethnic-cleansing-and-genocide/
https://www.linkedin.com/pulse/difference-between-genocide-ethnic-cleansing-kagusthan-ariaratnam/
The document is a summary of the Universal Declaration of Human Rights presented by Bikash Dangaura of Pokhara University. It provides an introduction to the UDHR including that it was adopted by the UN General Assembly in 1948 and contains 30 articles. It then summarizes the key points of several important articles in the declaration, including articles addressing right to life, prohibition of slavery, right to liberty, security, fair trial, privacy, freedom of movement, asylum, nationality, marriage/family, religion, opinion/expression, work, social security, education, and participation in community/science.
The document summarizes the United Nations system for promoting and protecting human rights. It discusses the core human rights treaties and instruments established by the UN, including the Universal Declaration of Human Rights. It describes the key UN bodies that deal with human rights, such as the Human Rights Council, treaty monitoring bodies, and special procedures. The UN provides advisory services, technical assistance, and works with NGOs to support countries in upholding human rights standards.
Human rights are inherent entitlements that belong to all people equally by virtue of their humanity. They include civil/political rights like the rights to life, liberty, and free expression, as well as economic/social/cultural rights like the rights to education, health, and an adequate standard of living. Human rights are universal and apply to all people everywhere regardless of characteristics. They are also indivisible and interdependent, meaning the protection of one right depends on protecting others. While cultures vary, human rights uphold the universal value of human dignity.
Human rights (Universal Declaration of Human Rights)Angie Magdasoc
This document discusses human rights and provides an overview of the Universal Declaration of Human Rights. It describes how human rights are inherent to all humans, regardless of attributes and without discrimination. It outlines the key characteristics and principles of human rights. The document also summarizes the civil, political, economic, social and cultural rights that are laid out in the 30 articles of the Universal Declaration of Human Rights. It concludes by briefly mentioning some human rights issues in the Philippines and listing some local and international human rights organizations.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The document summarizes the Universal Declaration of Human Rights which was adopted by the United Nations General Assembly in 1948. It outlines 30 articles that establish fundamental human rights that all people should universally enjoy including the rights to life, liberty, security, privacy, ownership of property, freedom of speech and religion, equal treatment, fair trial, social security, and more. The declaration was drafted over two years and structured like a Greek temple with a preamble, foundational principles, and columns of rights grouped into categories.
International human rights law has evolved significantly since the United Nations Charter first established protecting human rights as a goal. Three key developments include:
1) The Universal Declaration of Human Rights established civil/political and economic/social/cultural rights but is non-binding.
2) The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights made several rights legally binding and created monitoring mechanisms like the Human Rights Committee.
3) Other treaties like the Convention on the Elimination of All Forms of Discrimination Against Women have further expanded protections, though some states have lodged reservations, particularly around provisions in conflict with interpretations of Sharia law.
The International Court of Justice (ICJ) settles legal disputes submitted by states and provides advisory opinions to UN bodies. It is composed of 15 judges elected by the UN General Assembly and Security Council. The ICJ has jurisdiction over cases between states if they have accepted its jurisdiction, usually by special agreement, treaty clause, or unilateral declaration. States may make reservations to limit the ICJ's jurisdiction over certain disputes like those solely within domestic jurisdiction. The ICJ lacks jurisdiction if states have not consented to its authority and can raise preliminary objections to the admissibility of a case.
The document provides an overview of key topics in human rights, including:
1. The changing understanding of the relationship between state sovereignty and human rights.
2. Issues of compliance and non-compliance in relation to human rights standards and treaties.
3. The development of human rights as a reflection of changing values and ethical standards over time.
Key human rights developments discussed include the abolition of slavery, development of labor rights, universal suffrage, universal education, and self-determination for indigenous groups. International human rights law and treaties are also summarized, including the UDHR, ICCPR, and ICESCR.
The United Nations Convention against Torture is an international treaty that aims to prevent torture around the world. It defines torture and establishes the Committee Against Torture to monitor states' compliance. States must prevent torture, not extradite people where torture may occur, provide due process, and educate their personnel about prohibiting torture. The Convention defines torture and sets forth state obligations and individual rights regarding torture.
The document discusses whether international law can be considered true law. It presents different views on this question. John Austin argued that international law is not legally binding because it lacks a sovereign lawmaker and enforcement mechanisms. However, Oppenheim believed international law meets the criteria as a body of rules agreed upon by states and enforced through their common consent. Modern developments have strengthened international law, with the establishment of international legislation, courts like the ICJ, and collective enforcement through the UN. While Austin's view was valid historically, most scholars now agree international law can be considered true law based on these contemporary changes.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
Genocide and crime against humanity finalPalak Agrawal
This document discusses genocide and crimes against humanity. It defines genocide as mass killing intended to destroy a group as defined by the perpetrator. The UN defines genocide as killing, harming, inflicting conditions to destroy a group, preventing births, or forcibly transferring children. Genocide requires intent to destroy a group in whole or part. Examples discussed include the Armenian genocide and decisions from international criminal tribunals related to Rwanda and the former Yugoslavia. Crimes against humanity include murder, genocide, slavery, torture, rape and apartheid.
Terrorism involves creating fear through violence to further political, religious, or ideological goals. It has ancient origins but the modern concept emerged during the French Revolution. Terrorism can take several forms including state-sponsored, dissent, religious, and criminal. Leading causes include ethno-nationalism, discrimination, religion, socio-economic factors, and political grievances. Common terrorist acts are hijackings, bombings, mass shootings, assassinations, and government takeovers. ISIS is a powerful and brutal terrorist group that has seized large areas of the Middle East and claimed responsibility for attacks worldwide.
The UN General Assembly resolution declares the right to development as an inalienable human right and establishes principles related to its realization. States have the primary responsibility for creating conditions for development and must respect principles of international law and cooperation. All human rights are indivisible and interdependent, and states should take steps to promote these rights, eliminate obstacles to development, and ensure people's participation in development processes.
Self-determination theory (SDT) is a theory of motivation developed by Edward Deci and Richard Ryan that focuses on supporting innate psychological needs for competence, autonomy and relatedness. SDT posits that these basic needs must be satisfied for people to experience optimal motivation and development, and that social and environmental factors can either support or thwart need satisfaction. According to SDT, when these needs are fulfilled people become self-determined to pursue and persist in activities out of interest or intrinsic motivation.
This document contains information about self-advocacy, self-determination, and supported decision making presented by theamazinJ. It discusses that self-advocacy is important for individuals to advocate for themselves and get what they want. It also discusses that supported decision making allows individuals to make their own decisions with support from trusted people. The document outlines that the individual should be in charge of their own life and decisions, with a circle of support to help them achieve their goals. It presents information on different roles like brokers and fiscal intermediaries that can support the individual's self-determination.
This document discusses self-determination as a motivational tool for students. It defines self-determined behavior as actions that are independent, self-monitored, psychologically enabling, and lead to self-fulfillment. Developing better self-determination skills in school leads to better post-school outcomes. Intrinsic motivators like student choice, decision-making, autonomy, and continuous feedback can improve self-determination in the classroom. Teaching strategies to develop self-determination include finding new motivators, making effective instructional plans, and involving students in the IEP process.
This document provides information about self-determination and decision making for youth. It discusses making independent choices, both small and large. Short-term decisions like what to eat or wear are used as examples. Long-term decisions about education, jobs, and living arrangements after high school are also addressed. The document encourages youth to explore volunteer and work opportunities to help determine their interests. Making and maintaining friendships is presented as another important part of self-determination. Managing personal finances and continuing education are also discussed as ways for youth to practice independence and self-determination.
This document discusses self-determination as an important motivational tool and transition skill for students with disabilities. It examines the characteristics of self-determined behavior, how culture and motivation impact self-determination, and teaching strategies to improve students' self-determination skills. Specific teaching strategies discussed include problem-solving instruction, involving students in their IEP meetings, and ensuring opportunities for choice, decision-making, and goal-setting. The document concludes that while teachers can support the development of self-determination, students must find intrinsic motivation to pursue their own interests and contribute to their post-school outcomes.
Self-determination involves believing in oneself and having control over one's own life and decisions. It includes setting goals and advocating for oneself. A study found that students with higher self-determination scores in high school were more likely to live independently after graduation compared to students with lower scores, regardless of IQ. Teachers can foster self-determination by helping students set goals, communicate what teaching methods help them learn, and participate in their IEP meetings.
Self-Determination Theory is a framework for studying human motivation and personality with a focus on extrinsic motivation from external rewards and opinions versus intrinsic motivation from internal interests and values. The theory posits that social and cultural factors can either support or undermine people's sense of autonomy, competence, and relatedness, which enhances performance, persistence, and creativity when satisfied, but leads to ill-being and poor functioning when thwarted. The document discusses applying self-determination theory to learning and provides examples of fostering autonomy, competence, and relatedness in educational contexts.
The Cuban Missile Crisis occurred in October 1962 and brought the US and USSR to the brink of nuclear war. The USSR had placed nuclear missiles in Cuba, within striking distance of the US, in response to US missiles placed in Turkey. US President John F. Kennedy demanded the missiles be removed from Cuba. After a standoff, the USSR agreed to remove the missiles in exchange for the US agreeing not to invade Cuba and removing its missiles from Turkey. The crisis highlighted the dangers of the nuclear arms race between the two superpowers during the Cold War.
An Overview of Human Rights, Health Related Rights & HIV/AIDS in KenyaLyla Latif
This document provides an overview of human rights and health-related rights in the context of HIV/AIDS. It discusses key human rights principles and international conventions that establish rights to health, non-discrimination, privacy, and informed consent. Violations of these rights can exacerbate the HIV epidemic by preventing access to services, education, and protection. Upholding human rights is crucial for effective HIV prevention, treatment, and care. The document also outlines the link between human rights, health, and HIV, giving examples of how policies can either violate rights or promote health.
This document discusses how the concept of human rights challenges state sovereignty in international relations. It provides examples from the 1990s onward of how international human rights law has continued developing, such as the establishment of international criminal courts and rulings that former heads of state can be prosecuted for human rights abuses. Mass migration across borders is also discussed as a challenge to sovereignty. The document explores debates around addressing issues like refugees and balancing human rights, border control, and cultural values.
The Cuban Missile Crisis occurred in October 1962 when the U.S. discovered that the Soviet Union had placed nuclear missiles in Cuba. Over the following two weeks, the U.S. and USSR engaged in a tense standoff as President Kennedy demanded the missiles be removed and Soviet leader Khrushchev refused. They eventually reached an agreement where Khrushchev withdrew the missiles in exchange for a promise from the U.S. not to invade Cuba. This crisis brought the two superpowers closest to nuclear war and highlighted the need for improved communication between them.
Self determination, motivation and the learning of chinese as a heritage lang...tangweizhiillie
This study examined the motivation of 145 learners of Chinese using self-determination theory. Students were divided into 3 groups: Chinese-Chinese, English-Chinese, and Non-Chinese. Questionnaires assessed motivational orientations, psychological needs, engagement in learning, and community engagement. Results showed the Chinese groups felt higher relatedness and language use than the Non-Chinese group. Self-determined orientations did not consistently predict language use. The study provides implications for supporting intrinsic motivation in pedagogy and directions for future research exploring heritage language learners in more depth.
This document discusses self-determination and self-advocacy skills for students with disabilities. It defines self-determination as accepting oneself and setting goals to achieve. The four most fundamental transition skills are assessing one's abilities and needs, knowing needed accommodations, understanding civil rights, and advocating for oneself. After high school, students must meet eligibility for services rather than entitlement. The document contrasts expectations between high school, college, teachers and instructors, as well as rights and responsibilities regarding employment, community involvement and career exploration.
Talk by Dr Simon Duffy for AACQA on equal citizenship and aged care systems. Dr Duffy explores the meaning of citizenship and the problems inherent in support systems that are not focused on community inclusion.
This document defines key business concepts like wants, needs, goods, services and resources. It explains that business activities involve organizing people and equipment to produce and market products and services. The two main motivations for business are profit and competition. Consumers purchase goods and services while wage earners affect business productivity and quality. The decision making process involves identifying problems, listing solutions, evaluating options, making a choice and evaluating the outcome.
Flow, Fun And Frame In The Classroom: Redefining The Engagement And Self-Determination Of Students With Intellectual Disability Through Games
Maria Saridaki and Constantinos Mourlas
Interactive Technologies and Games (ITAG) Conference 2014
Health, Disability and Education
Dates: Thursday 16 October 2014 - Friday 17 October 2014
Location: The Council House, NG1 2DT, Nottingham, UK
As part of our "Behavior Change at Work" series, this presentation offers real-world applications of Self-Determination Theory to spark behavior change from within the workplace. After all, most employees spend more time at the office than they do sleeping—so there are many unique opportunities to inspire healthy habits!
This document discusses ethical social work practice and provides examples of ethical dilemmas social workers may face. It begins with self-awareness questions for social workers and reviews the Social Work Code of Ethics and key biomedical ethics principles. The rest of the document discusses challenges such as conflicts between a client's wishes and an organization's interests, issues of informed consent, and maintaining appropriate boundaries with clients and colleagues. It emphasizes the importance of courage and resolving conflicts in a way that is in the best interest of the client.
This document provides an overview of the Cuban Missile Crisis through an interactive presentation. It introduces the author and outlines the major topics to be covered, including the countries involved (US, Soviet Union, Cuba, Turkey), explanations of the crisis, President Kennedy's response, and the outcome and effects. Resources on pictures and videos related to the crisis are also listed.
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This document discusses the peoples' right to self-determination and how it presents a challenge for international organizations like the International Commission of Jurists. It notes that nationalism has reemerged in destructive ways recently. The author considers how international law has advanced in establishing frameworks to protect human and peoples' rights, but that new institutions may still be needed. There is no consensus on who constitutes a "people" for purposes of self-determination. The document explores debates on this issue and potential criteria to define peoples' right to self-determination in the modern context.
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The document discusses various topics related to secession and self-determination including:
- The concept of nation and whether it implies a right to secession or external self-determination.
- International law principles of self-determination in contexts like decolonization but not for groups within existing states.
- Examples of secessionist movements in places like Quebec, Catalonia and Kosovo and debates around recognizing them as nations.
- Provisions in the Spanish and Canadian constitutions regarding national unity and recognition of distinct identities.
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1. A definition of human rights as belonging to all humans regardless of attributes and emerging from natural law and state recognition.
2. The historical roots of human rights in 18th/19th century concepts of sovereignty and movements against slavery and for minorities.
3. The role of the UN and post-WWII context in establishing universal human rights standards and laws.
4. A brief summary of major international human rights laws and mechanisms, including the UN Charter, Universal Declaration of Human Rights, and Covenants.
This document provides an overview of international human rights, including:
1. A definition of human rights as belonging to all humans regardless of attributes and emerging from natural law and state recognition.
2. The historical roots of human rights in 18th/19th century concepts of sovereignty and movements against slavery and for minorities.
3. The role of the UN and post-WWII context in establishing universal human rights standards and laws.
The Ad Hoc Tribunals For The Former Yugoslaviamineko
The document summarizes the key events leading up to and during the conflict in the former Yugoslavia in the 1990s. It establishes the International Criminal Tribunal for the Former Yugoslavia (ICTY) by the UN Security Council in 1993 to prosecute war crimes committed during the conflict. The ICTY is located in The Hague and has jurisdiction over grave breaches of the Geneva Conventions, genocide, war crimes, and crimes against humanity committed in the former Yugoslavia since 1991. It aims to hold accountable those responsible and deter future war crimes.
The document provides an overview of the history and modern framework of international human rights. It discusses how human rights emerged from antiquity through documents like the Code of Hammurabi and rights of Athenian citizens. Major developments included the Magna Carta, declarations of rights in the 18th century, and conventions establishing rights and protections for civilians and prisoners of war. After World War II, the UN was formed and adopted instruments like the Universal Declaration of Human Rights and International Covenants to establish universal civil, political, economic, social and cultural rights. Today, human rights are monitored and enforced through UN bodies and mechanisms as well as regional organizations and local NGOs.
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International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The document provides an introduction to human rights and outlines the situation in Kosovo that led to UN intervention. It discusses the ethnic tensions and human rights abuses by Serbian forces against the Kosovar Albanian population from the late 1980s through the 1990s. This resulted in hundreds of thousands being displaced and NATO launching a bombing campaign in 1999. The UN then administered Kosovo and established a peacekeeping force (KFOR) including the British Army to help restore peace and protect human rights.
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The document outlines the 10 stages of genocide as described by Dr. Gregory Stanton. It begins by defining genocide according to international law. It then describes each of the 10 stages: classification, symbolization, discrimination, dehumanization, organization, polarization, preparation, persecution, extermination, and denial. Prevention requires early warning of these stages, rapid response to stop further progression, and accountability through courts. The stages are exemplified through genocides in Rwanda, Cambodia, and Nazi Germany. Prevention strategies target each stage, such as promoting common identities, removing discriminatory categories, and outlawing hate speech.
This document provides an overview of genocide and human rights. It begins with expectations and a pre-test on basic knowledge. It then discusses what rights are, where they come from, and whether they are universal. There is a history of rights outlined from early civilizations to modern declarations. Key documents on genocide and human rights like the UN Genocide Convention and Universal Declaration of Human Rights are summarized. Classroom activities include defining genocide, reviewing the legal definition, and analyzing the 8 stages of genocide.
Title: Understanding Human Rights
Slide 1: Introduction
- Title: Understanding Human Rights
- Subtitle: Protecting the Dignity of Every Individual
- Your Name/Presenter's Name
- Date
Slide 2: What Are Human Rights?
- Definition: Fundamental rights and freedoms that every person is entitled to, simply because they are human.
- Universal: They apply to all people, regardless of race, nationality, gender, religion, or other status.
- Inherent: Human rights are not granted by the government; they are inherent to every human being.
Slide 3: Historical Background
- Begin with the Universal Declaration of Human Rights (1948).
- Key events that contributed to the development of human rights.
- Historical atrocities and the need for a global human rights framework.
Slide 4: The Universal Declaration of Human Rights
- Key principles:
- Equality and non-discrimination.
- Right to life, liberty, and security.
- Freedom from torture and slavery.
- Right to work, education, and more.
Slide 5: The International Bill of Human Rights
- Consists of three major documents:
- Universal Declaration of Human Rights.
- International Covenant on Civil and Political Rights.
- International Covenant on Economic, Social, and Cultural Rights.
Slide 6: Categories of Human Rights
- Civil and Political Rights: Right to vote, freedom of speech, and more.
- Economic, Social, and Cultural Rights: Right to education, healthcare, and a standard of living.
- Collective Rights: Rights of indigenous people, minority groups, and self-determination.
- Solidarity Rights: Right to peace, a clean environment, and development.
Slide 7: Violations of Human Rights
- Discuss global examples of human rights violations.
- War crimes, discrimination, censorship, and police brutality.
- Emphasize the importance of accountability and justice.
Slide 8: Protecting Human Rights
- National governments: Enact and enforce laws that protect human rights.
- International organizations: United Nations, NGOs, and regional bodies play a role.
- Advocacy: The power of collective action to raise awareness and effect change.
Slide 9: Challenges and Controversies
- Balancing individual rights with societal interests.
- Cultural relativism vs. universalism.
- Emerging technologies and privacy concerns.
- Ensuring human rights in times of crisis (e.g., pandemic response).
Slide 10: Progress and Achievements
- Highlight milestones in the advancement of human rights.
- Cases of successful advocacy and change.
- Illustrate how human rights have improved lives globally.
Slide 11: The Future of Human Rights
- Address ongoing challenges.
- The role of the younger generation in advocating for human rights.
- Potential areas for development and reform.
Slide 12: Conclusion
- Summarize key points.
- Reiterate the importance of human rights for global peace and development.
Slide 13: Q&A
- Open the floor to questions and discussions.
Slide 14: Thank You
- Express gratitude to the audience for their
Human rights are moral principles that protect standards of human behavior as legal rights. The modern concept of human rights emerged from documents dating back to the 600s and grew out of major events like the French Revolution. The UN was founded after WWII to promote human rights and created the Universal Declaration of Human Rights. Major treaties and political bodies have further codified and enforced human rights internationally on issues like discrimination, disabilities, children, torture, and migrants.
The document provides an overview of the origins and development of human rights. It discusses how the concept of human rights evolved in ancient societies and key historical documents like the Magna Carta that influenced notions of rights. It then summarizes the Universal Declaration of Human Rights adopted by the UN in 1948 to promote fundamental human rights worldwide. The UDHR aims to have all people and nations strive to respect rights through education. It also discusses international treaties and laws that further codified and enforced human rights in the post-WWII era under the UN system.
The document discusses the history and development of the concept of human rights from its origins in the Renaissance and Reformation through modern international agreements like the Universal Declaration of Human Rights. It outlines the three generations of rights - civil/political, economic/social/cultural, and collective/solidarity. Key milestones discussed include the Geneva Conventions establishing international humanitarian law and protections for civilians and prisoners of war. The United Nations system plays an important role in standard setting and enforcement of human rights through various committees, councils, and the Office of the High Commissioner for Human Rights.
human rights power point presentation educationcyfyvyto1
This document provides an overview of the historical development of international human rights law and mechanisms for protecting human rights. It discusses how human rights were initially concerned with protecting individuals from atrocities under international law. It then outlines the key documents and bodies that have established and codified human rights, including the UN Charter, Universal Declaration of Human Rights, International Covenants, and UN and regional human rights institutions. The document also describes the European system for protecting human rights, including the European Convention on Human Rights and the work of the European Court of Human Rights.
Human rights are evolving and their interpretation continues to develop over time. While some rights are fundamental, others remain aspirational or contested. Human rights fall into three generations - civil/political, economic/social/cultural, and group rights. They have evolved through laws and conventions, and were established to ensure peace and protect individuals from states. The Universal Declaration of Human Rights outlines basic rights and freedoms and was followed by two binding covenants. However, implementation and monitoring of human rights is still a challenge, with countries and NGOs having different views of country reports. The UN and its bodies work to improve human rights protection.
The document provides background information on Cambodia's history under the Khmer Rouge regime from 1975-1979. It summarizes that the Khmer Rouge captured Phnom Penh in 1975 and established a communist government led by Pol Pot that sought to radically restructure Cambodian society. An estimated 2-3 million Cambodians died from executions, starvation, and disease under the Khmer Rouge's brutal policies. The document then discusses Cambodia's efforts to establish accountability and transitional justice, including establishing an Extraordinary Chambers in the Courts of Cambodia (ECCC) to prosecute Khmer Rouge leaders with UN assistance, and holding a truth commission to document crimes and allow victims to testify.
What are International Human Rights - David Ford Avon CTDavid Ford Avon Ct
David Ford Avon Ct is the one of best lawyer in the Glastonbury town who provide legal services. He is best know for his community service and help he provide to the immigrants.
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Good afternoon. My name is Christine Griffioen and I would like to give you a short presentation on the thesis I wrote, the title of which is ‘Self-Determination as a Human Right. The Emergency Exit of Remedial Secession.’
I will start with a short introduction on the topic. After this I will set out the development of self-determination in the colonial context. Despite the fact that self-determination is often associated with decolonization, I will explain that the right of self-determination is also applicable outside the colonial context. In post-colonial situations, the emphasis has mostly been on the internal aspect of self-determination. Although this is a very controversial issue, in my thesis I have argued that there is also a a right of external self-determination outside the colonial context. The central question of my thesis is whether international law allows for a right of external self-determination in the form of unilateral secession as an emergency exit when the internal right of self-determination is breached. The phrase ‘self-determination’ has strong appeal. ‘No other concept is as powerful, visceral, emotional, unruly, as steep in creating aspirations and hopes as self-determination.’ The list of nations and peoples claiming self-determination is endless and unfortunately the list of conflicts in the world that are related to self-determination claims is equally long. Self-determination has been referred to as a fundamental principle of international law and with its inclusion in the International Human Rights Covenants it became a human right. It was first included in the Charter of the United Nations as one of the guiding ‘Purposes and Principles’ of the Organisation, and subsequently it has been proclaimed in numerous international instruments. In a nutshell the right to self-determination gives peoples a free choice which allows them to determine their own destiny. This right can be exercised in a variety of ways, and traditionally a distinction has been made between external and internal self-determination. The external aspect of self-determination developed in the colonial context and resulted in self-determination becoming almost ‘synonymous’ with decolonisation and independence. The internal aspect of self-determination was first advocated by US President Wilson during WWI and refers to the right of a people to ‘participate in the decision-making processes of the State’.
As stated before, self-determination started out as a political principle, but with it’s inclusion in the UN Charter and the International Human Rights Covenants, it became a legal principle and a human right. After WWII, the General Assembly started taking a very active stance in the fight against colonialism and adopted numerous resolutions linking self-determination to decolonisation. With the adoption of these resolutions, the General Assembly contributed in an important way to the development of customary rules on self-determination. GA 1514: Declaration on the Granting of Independence to Colonial Countries and Peoples GA 1541: Principles which should guide Members in Determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter (non-self-governing territories) According to the latter resolution self-determination could be achieved through: Emergence as a sovereign independent state; Free association with an independent state; or Integration with an independent state. GA 2625: Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among states in Accordance with the Charter of the United Nations. (adopted unanimously, thus reflecting the view of developing, socialist and Western States ‘instant’ customary law) The pronouncements of the ICJ on self-determination (in the colonial context) have made an important contribution to the development of the right of self-determination. In a number of cases, the ICJ confirmed the legal status of these resolutions and helped clarifying the content of the norm. Advisory Opinion on Western Sahara. According to the ICJ, the principle of self-determination can be defined as ‘the need to pay regard to the freely expressed will of peoples’. Case concerning East Timor. The Court asserted that the right of peoples to self-determination is one of the essential principles of contemporary international law and that it has an erga omnes character. Despite the fact that self-determination is a principle of international law and a human right and that it developed into a customary right to decolonisation and independence, the principal problem remains that there is no generally accepted of the right’s holders: Who are ‘the people’? The inhabitants of a defined territorial unit? Colonial peoples? All peoples! See e.g. ‘the South African people’, ‘the Palestinian people’ (GA). This lack of a definition resulted in inconsistent practice, double standards etc. and continues to hamper the effective exercise of this right.
Despite the fact that some have argued that self-determination is only applicable in a colonial context, this is not the case. There have been cases of self-determination outside the colonial context. The end of the Cold War and subsequent developments in Europe in the early nineties set the stage for a renewed emphasis on the internal aspect of self-determination. The reunification of Germany was a case of self-determination with a positive response from the international community. The breakup of the Soviet Union was also an example of peoples exercising their right of self-determination outside the colonial context. The peoples of the Socialist Federal Republic of Yugoslavia also claimed their right of self-determination which resulted in the dissolution of this federal State. The EC set up Guidelines on recognition (general criteria for recognizing the new States: The free expression of the will of the population concerned, by way of plebiscites or referendums; The firm commitment to respect the rule of law, human rights, and the rights of minorities. Kosovo is the latest example of self-determination outside the colonial context. Kosovo will be dealt later. As stated before, outside the colonial context the emphasis has been on internal self-determination: the right of all peoples to participate in the expression of the political will within the State (representative government). If we examine the International Human Rights Covenants and the African Charter on Human and Peoples Rights, there is no reason to assume that the right of self-determination was meant to apply in colonial situations only. An overview of the (non- or postcolonial) international instruments on self-determination makes it clear that beyond decolonisation, self-determination became more and more associated with representative government, democracy and human rights. See e.g. the ‘safeguard clause’, that can be found in a number of international instruments: “ [n]othing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour.” The ICJ discussed the right of self-determination in the Nicaragua case and in the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The Human Rights Committee has discussed the right of self-determination in General Comment 12 (With regard to paragraph 1 of article 1, States parties should describe the constitutional and political processes which in practice allow the exercise of this right.) and in General Comment 25 on Article 25 of the ICCPR (the right to take part in public affairs, to vote and to be elected). In the State Reports submitted under article 40 of the ICCPR, governments have started to give attention to the ways in which their own population is exercising its right of internal self-determination and the majority of those reports have linked internal self-determination with human rights and democracy. The CERD has also issued a General Recommendation on self-determination, in which it pointed out that the internal aspect of self-determination is linked with the right to political participation and that discrimination of certain groups within a State would thus violate this right. According to the Committee, self-determination continues to be applicable beyond decolonisation. The African Commission on Human and Peoples’ Rights also started to give more attention to internal self-determination (see e.g the Guidelines for National Periodic Reports). However, the question remains: Who are the people? Who are the holders of this right outside the colonial context? The entire population of a territorial unit? The highest constituent units of federal States in the process of dissolution, at least if these units have been formed on an ethnic basis (Soviet Union, Socialist Federal Republic of Yugoslavia). See also the example of Indigenous Peoples and the numerous territorial autonomy arrangements for ethnic sub-groups in Denmark (Greenland), Norway (Sami), United Kingdom (Scotland and Wales), France (Corsica), Indonesia (Aceh and West-Papua), India (Nagaland), Russia (Tartastan). These examples support an ‘ethnic’ definition of a people.
While outside the colonial context the emphasis has been on internal self-determination, in my thesis I have argued that there is also a right of external self-determination outside the colonial context. Even though I agree that for reasons of stability (international peace and security), the right of self-determination needs to be balanced with the territorial integrity of sovereign States under international law. This implies that outside the colonial context, the emphasis should indeed be on internal self-determination. However, what if a State persistently denies a people the fundamental right of internal self-determination? What if a people does not have a free choice but is repressed and suffers from gross violations of basic human rights, and all possible remedies for a peaceful solution to the conflict have been exhausted? Should that people not be allowed a ‘self-help remedy’ in the form of external self-determination? This thesis argues that there is indeed a right of external self-determination in the form of unilateral secession. This is not an absolute right, but can only be invoked under strict conditions and should thus be used as a last resort only. Hence the use of the term ‘remedial secession’. While conventional law remains silent on the issue of secession, I have examined whether a right of remedial secession can be based on customary international law. The safeguard clause: “[n]othing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour.” Numerous authors have pointed out that if this paragraph is read a contrario , it implies that the territorial integrity or political unity of a sovereign and independent State will no longer be protected if it does not conduct itself in compliance with the principle of equal rights and self-determination of peoples and if the government is unrepresentative. In other words, if a State persistently denies a people its right of internal self-determination that State forfeits its right to territorial integrity, and consequently the people may have the remedy of external self-determination, i.e. unilateral secession. is logically admitted”. There have been several cases in which a right of remedial secession was recognised. To examine State practice, we can identify a number of failed secessionist attempts outside the colonial context. The international community did not recognize these unilateral declarations of independence. The attempts of Chechnya and Abkhazia failed mainly because were doubts as to whether the self-determination claim was actually supported by a majority of the Chechen/Abkhaz people. Furthermore, it was not a last resort: the Chechens and Abkhazians had been unwilling to negotiate any alternatives short of secession. Thirdly, until the declaration of independence, there had not been any serious violations of human rights. We can also identify a number of successful secessions outside the colonial context. Bangladesh seceded from Pakistan in 1971. This case is a very good example of remedial secession: denial of internal self-determination, gross violation of human rights (genocide?) and all local remedies were exhausted. The international community recognised Bangladesh. Croatia seceded from the Socialist Federal Republic of Yugoslavia in 1991 and this is also an example of remedial secession: denial of internal self-determination, gross violations of human rights (indiscriminate use of force, ethnic cleansing), all local remedies to solve the conflict were exhausted. The international community recognised Croatia. Kosovo unilaterally declared independence from Serbia in 2008. This case will be discussed separately. Even though there is no “extensive and virtually uniform” State practice to support a right of remedial secession, the concept of modern custom indicates that a ‘substantial manifestation’ of opinio iuris ‘that a customary rule exists may compensate for a relative lack of practice’. Relevant State and institutional practice shows that there is substantial opinio iuris on the lawfulness of remedial secession in the international community. In addition to the instruments and judicial decisions that were discussed, the reactions of States as regards the secessions of Croatia and Bangladesh are indicative of this opinio iuris . ‘Negative’ State practice can also be taken into account, i.e. the practice of States as regards unilateral secessions that have been unsuccessful, as it serves to clarify the scope of the rule. If both negative and positive State practice is taken together, it becomes clear that while there is no absolute right of unilateral secession under international law, there are certain conditions under which unilateral secession is permitted. On the basis of the substantial opinio iuris regarding the legality of remedial secession and limited but relevant State practice to support such a right, there can be no other conclusion than that the right of remedial secession is de lege lata .
This right of unilateral secession is not an absolute right but meant to be an ‘emergency exit’ for peoples that have been subject to gross violations of fundamental human rights, including the right of (internal) self-determination, and only when negotiations between the parties aimed at finding a peaceful solution to the conflict have been exhausted.
On February 17, 2008 the Assembly of Kosovo issued a Declaration of Independence from Serbia. The reaction of the international community has been mixed. At this moment, 62 States have recognised Kosovo, including 22 EU member States. The Security Council is divided over the issue (Russia againts, China neutral), the EU also and Serbia considers Kosovo’s declaration illegal. On October 8, 2008, the General Assembly requested an Advisory Opinion from the ICJ. Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The first question is whether the Kosovo Albanians are a people, which is a difficult question considering the lack of a generally accepted definition. However, I am of the opinion that the Kosovo Albanians are in fact a people and therefore have the right of self-determination. On the basis of what several experts have identified as the “inherent characteristics” of a “people”, it can be argued that a “people” must at least have an identity that distinguishes it from the rest of the population of a certain territory. Furthermore, the people must also represent a “clear majority” on that territory. It is important to realise that the terms “people” and “minority” may sometimes “overlap”. On the one hand it can be argued that the Kosovo Albanians are distinct from Albanian Albanians and thus they are a people within Serbia, and as such entitled to the right of self-determination. On the other hand it can be argued that the Kosovo Albanians are not distinct from the Albanian Albanians, which would make them a “national” or “ethnic” minority within Serbia and as such not entitled to the right of self-determination. First of all, it must be noted that the term “minority” suffers from the same lack of clarity as the term “peoples”. There is no generally accepted definition of what constitutes a minority. This considerably weakens the assumption that Kosovo Albanians are an ethnic minority within Serbia, and that minorities do not have the right to self-determination. Second, as stated before, minorities and peoples are not mutually exclusive terms. Thus it can be argued that Kosovo Albanians are both a minority and a people. The difference between an ethnic minority and a people is that national or ethnic minorities usually have a “kin State”. Nevertheless, if a minority has a “collective individuality”, an identity by which it can be distinguished from those living in the “kin State”, it can be considered a “minority-people” and accordingly it has the right to self-determination. Considering the fact that Kosovo Albanians do have an identity by which they can be distinguished from Albanian Albanians it is submitted here that the former are in fact a minority and a people at the same time and that therefore, they have the right of self-determination. Is there a right of remedial secession based on the right of self-determination for the Kosovo Albanians? Applying the principles of remedial secession outlined above, it is noted that the autonomy of Kosovo was revoked from 1989 onwards (which amounts to a violation of the right to internal self-determination), international crimes were committed, notably in 1998-1999 (albeit by both sides, and possibly even by NATO when bombing Serbia), and the negotiations between Kosovo Albanians and Serbs in Rambouillet failed. Arguably, therefore, in 1999 the conditions for a lawful secession and independence of Kosovo were met. (Admittedly, one may still wonder whether the Kosovo Albanians are really distinct from the Albanian Albanians, whether independence did not need the support of the sizable Serb minority in Kosovo, and whether the fact that crimes were committed by both sides—some might even argue that the KLA had initiated a campaign involving the commission of international crimes, to which the Serbian army only responded—should have no bearing on the right to secession). Yet if we look at the current situation in 2008/9, it is hardly disputed that the Serbian government differs considerably from the Milošević government. It is prepared to guarantee far-reaching autonomy to the province of Kosovo, short of independence; in addition, given the government’s moderation and Serbia’s interconnectedness with the European Union, a repetition of the 1998/99 atrocities appears extremely unlikely. At this moment therefore, the negative conditions relating to human rights and internal self-determination of the Kosovo Albanians, the fulfilment of which may trigger a right to unilateral secession, do not appear to be met. Security Council Resolution 1244 (interim administration for Kosovo, basis for UNMIK, KFOR until the future status of Kosovo would be determined) is often invoked as an argument to consider Kosovo’s act illegal, because it reaffirmed ‘the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2’. However, the SC in fact undermined the territorial integrity and sovereignty of the FRY by setting up an interim administration under international supervision. Another point is: what is the meaning of the fact that 62 States have recognised Kosovo so far? Is recognition declaratory or constitutive?
I have argued that self-determination has never simply meant independence. It has meant the free choice of people. If this right cannot be exercised internally, if a people suffers from gross violations of fundamental human rights and all local remedies to solve the conflict have been exhausted, there is a right of remedial secession under customary international law (modern custom). The enforcement of the right of Self-Determination urgently needs to be enhanced. The Committee of 24 on Decolonisation also non-colonial claims to self-determination (right of petition, advice of SC or GA 0 early warning system to prevent self-determination conflicts from escalating) The ICJ (advisory opinions) The Human Rights Committee needs to start considering claims under the Optional Protocol. States need to agree on a set of Guidelines on Recognition to depoliticise recognition