| Popis: |
With the creation of international community following the Peace of Westphalia and the rise of the nation-state as territorially-defined sovereign units, international law became the method of regulating the relations between states - through which treaties were created and maintained, membership of regional and international organisations facilitated, and concepts such as human rights 'internationalised'. The growing importance of democracy, the rise of nationalism, and other phenomena such as Empire, the Cold War, and Globalisation with its mass communications capability, impacted on economic, military, political and social stability, challenging and transforming the traditional view of state sovereignty. It is from within these challenges that the concept of self-determination is rooted. Bearing in mind that around one-third of existing states are currently affected by more than 60 movements demanding various degrees of self-determination (from participation in political life to independence from the state), and the threat to the international peace and security that that can present, a re-examination of some aspects of international law to clarify the meaning of self-determination, and thereby its legal standing, may now be timely. Does Resolution 1514 (on the Granting of Independence to Colonies) passed 40 years ago remain the only application of self-determination as a 'legal right', and is there any evidence to suggest that the principle is capable of addressing types of self-determination other than colonies? How relevant to the exercise of the principle of self-determination is the Montevideo criteria for statehood (a settled population, defined territory, effective government, with international relations capability, self-determination, and with international recognition)? Does state monopoly of Article 2(7) of the UN Charter mean non-colonial self-determination is impossible? Do conflicting UN Charter Articles ensure self-determination remains limited? What contribution to the redefinition of self-determination as a 'legal right' beyond the colonial context can the International Court of Justice make? |
