SELF DETERMINATION

the Beyoncé of human rights

the supremen right of all rights is self detetremination
it is a aframework rights that protects other rights

Self-determination is like pineapple on pizza—some people love it, others think it will ruin everything."

self deteremination is controversioal - its not hield in high regard because of the controversies, but is considered a moral right

This article is SO important, it made it into two treaties. That’s like getting featured in both Forbes AND Vogue

— the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which both affirm the right to self-determination.

its it only privision in two treatues that is shared in common by law - ARTICLE 1

part 1 of article 1Right to Choose Their Own Path

People should be able to determine their own government, economy, and culture without interference (looking at you, colonizers 👀).

right to choose their own path - they can determine their own political status and see how they wanna be governed

part 2 of article 1 magine working overtime and then someone else takes your paycheck. That’s what happens when self-determination isn’t respected." - controlv over resources

everyone can dispose their ownreosurces out of will, and will noit be dprived. they can use these natural resources for their benefit and no one can ake these away unfairly

I part 3 of article 1 international Responsibility... But Do They Care? 🌍

countries that have power over other trerritpries must support and respect the right of people to govern themselves- un

Who Gets It? ALL PEOPLES! 🗣

💬 "Self-determination isn’t just for the cool kids—it’s a right for ALL PEOPLES (yes, ALL of them)."

the convention chooses to refer to self det as of all peoples and not all infividuals becayse peoples are individuals of a group- uu can iddentify as a part of a nation or not so self determination is that everyone has a right to be a part of wwhatever community and self determine

at the heat of ww1, when large empires were at the verge of a breakdown, what did a us pres say

woodrow wilspn - he heeld self det in high regardand believed it was essential for peace and stability among nations.

TRANSITION TO A NEW ERA - raisson de tat- the european order has been built on the basis of balance of pwoers and international equolibriym

ADAM SMITHS raisson d etatis that leave ienidivusals be and they will act out of self itnerest a dn regulate the market, because they act out of sekf interest

- followed by political system and raisson d etat wasnt a principle but a reflection of state practice

wooodrow wilsons fourteen points- new era on normative principles

after ww1 and ww2-a rules based order allowing territories to librate themsleves and helping colonial territories prapere for independence using a mandate system

• palestine- balfour dec of 1947

self determination as a doundational principle- norm based international order

two main ideas of self determinations

- wilsonian self determination roted in liberal bnationalism and aimed at restrructurin europe at the ww1

• NATIONHOOD- people belonging to a specific terriotru have a bond with that loand

• nations can exercise self det and the historical connection of nations to their territories justified their claim
  

  the second thought is that of a marzist lenininst self determination model based on class struggle, national groups having the right to secede

• extended beyond Europe to anti colonial struggle

• also created instability and civil wars in the middle

• its based on class struggle, historical oppression

• rise against ruling elite

• nationhood and nationalism is european- ppl shd idnetiufy as classes

both versions have destabilized global affairs throughout history

signficance of wilsons speech WILSONS SPEECH (SLIDES) jan 1917

• “We set this Nation up to make men

free, and we did not confine our

conception and purpose to America,

and now we will make men free. If we

did not do that, all the fame of

America would be gone, and all her

power would be dissipated.”

us had also been colonised by the uk for 19 and early 20th centuries and us isoaltionism dominated, now its free and its a proponednt of decolonization
- thus introduced self determination into international law and relations

Henry kissinger - a realist critique

• he said wilsonian principles fsiled- evidence- versailles treatand league of nations

• he said that from international to civil and ethnic wars, territorial reconicliation has questioned territorial intergreity and thus caused violence (yugoslaves rwanda, sudan)

• us ans ussr usign this concept to butt in - rpoxoes in cold war

• fragmentation of peace and security

• +kksssinger was an experienced statesman of the century

alternatives to self determination

1. stability over ideology - keep the peace rather than supporting nation movements

2. startegic settlerments - make territorial and political arrgangements, but on pragamatic diplomacy- Instead of redrawing borders every time a group wants independence, nations should negotiate practical political solutions.

3. power balancing diplomacy - concert of powers-instead of allowing nations to claim power, just agree on territorial settlements

a strategy that focuses on maintaining equilibrium among nations to prevent conflict and promote cooperation, rather than allowing nationalist movements to dictate political boundaries.

what happens when people within a state do not want to coexist and seek independence?

• Quebec's case in Canada is a key example of this debate.

poltiicallya nd legally the constitution doesnt frbit quebecs indpenedence, and the supreme court didnt prhobit a referenudum, but its up to the state to actuallya cceot the referenum because its different that legally achieving independence

what did kissinger say abt self det being legal or political

legal is governed by law but politicsal - power dynamics and strategic itnerests - its more poltiical

- as a right people can detrmine their poltiical duture - but this is not legal but ideoligcial principle

decolonization turned the principle of self determination into a right and now icj saus self determination is a fundaemtnal pricnple of law but cna it stand alone as a poltiical right

IN SOFT LAW, DELF DET IS SEEN THROUGH

• REOLUTIOTN 1514 OF 1960 - ALL COLONIAL PEOPLE HAVE A RIGHT TO SELF DETERMINATION

• also paths to self government includeing independe and integration

• reolution 2625 - 1970- friendly relayions declaration- self determination is a fundamental pricnple of law but not a jus cogens

non binding but can ifnleunce future legal frameworks

principles that limit self fetermination

• territorial integration - u chant phsyically changr the borders of a state and disrupt unity of soverign states - not arbiitrarily

• uti possidetis juris - new states must emrge within pre existing administrative borders

• u can create new borders that challenegd the borders of another states

• must for within existing borders

• uti possidetis juris

• - new states must emrge within pre existing administrative borders

• u can create new borders that challenegd the borders of another states

• must for within existing borders

• state order should not be overturned on humanitarian moralism

examples of nations that are trying to get independence

south sudana dn kosove- states



catalonia scotaldn, spans- basque region, eat timore, qquebec, palestine, hongkong

challneges - it creates a compelete fdfifreent worl order

examples of it turning out bad

south sudan - backe dby the west, now violent and, internal confllcit, armed gfroups, instability, in a worse situation

kosovo- backed by NATO, has faced ongoing ethnic tensions and political instability since its declaration of independence. example used by russia for conwuering ukraine, dangerous precedent for secessionist mvoements

Legal stance of international law on self-determination:

1. doesnt prohibit but also doesnt recognize referendums

2. remedial secession- can only get independence if u are facing genocide or crimes against humanity- has made causes intentionally trigerr violence or exaggerate

   1. cataloniua and basque and quebec lack legal basis for independence

   2. russia manipulated this, saying ukrained invasion was to prevent genocide

alternative solutions to self determination

federalims
- forms of self governance

if full independenc eisnt posible, autonomous fedral structures can be a solution

but ethnic federalism can be a bad idea

as it may exacerbate divisions and lead to conflict.

ethnic federalism

drawing lines around ethnicity and race, aiming to imporve adminsistrative efficiency but can lead to problkems
natural reosurces are chared across ethnic lines, demand controlver resources, self detrmination becomes problematic

conflicts over governance, reosurce sharing and security arise
when unrecognized, becomes a problem

Ethnic federalism is not a sustainable system.

• Administrative governance should be separate from ethnic or religious issues.

• Self-determination is only meaningful if recognized by other states.

• Successful federalism models (like Canada) avoid ethnic divisions in governance.