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Modern Law of Self-Determination

Authors :
Christian Tomuschat
Christian Tomuschat
Publication Year :
2023

Abstract

Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization'of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination.Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

Subjects

Subjects :
Self-determination, National

Details

Language :
English
ISBNs :
9780792323518 and 9789004635104
Volume :
00016
Database :
eBook Index
Journal :
Modern Law of Self-Determination
Publication Type :
eBook
Accession number :
3749067