| Vorderseite | Self determination |
|---|---|
| Rückseite | General: - Idea (first in Declaration of Independence of the USA): Governments derive their just powers from the consent of the governed. Whenever a government becomes destructive of these ends, it is the Right of the people to abolish it. - majority: principle of self-determination is part of modern international law - reason: included in UN-charta and specified and developed in other texts such as the friendly relations declaration Articles and Implications/Attributes of those: - Key Aspect of the UN Charter: Art. 1 (2) UN Charter -> Art. 1 (2) UN Charter is too vague and complex to entail specific rights and implications - content of the principle is never specified - it is not specified what constitutes “people” -> therefore doesn’t act like a normal legal norm, but provides moral and political guidance - International Covenant on Economic, Social and Cultural Rights (1966) (‘ICESCR’) and the International Covenant on Civil and Political Rights (1966) (‘ICCPR’) developed the concept of self-determination further -> the ICESCR and the ICCPR provide essential evidence of the meaning and content of the principle of self-determination, even for states that are not parties to them -> gave the concept of self determination the characteristic of an essential prerequisite of human rights - Friendly Relations Declaration / A/RES/2625 Fifth Principle -> peoples are free to determine their political status and to pursue their economic,social and cultural development -> highlighted part: dissmembering a state of political unity or territorial integrity is usually forbidden: except if it does not represent all people Three questions: - Who is the holder of the right of self-determination? -> Who is the people? -> there is no definition of “people” so far - How do the people exercise their right? (often through referenda) - Who is the duty-bearer of the right to self-determination (one idea: erga omnes -> everybody) |
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