Indigenous march right to self-determination
During World War II
, the principle was included in the Atlantic Charter
, declared on 14 August 1941, by Franklin D. Roosevelt
, President of the United States, and Winston Churchill
, Prime Minister of the United Kingdom, who pledged The Eight Principal points of the Charter.
It was recognized as an international legal right after it was explicitly listed as a right in the UN Charter.
Broadly speaking, the term self-determination also refers to the free choice
of one's own acts without external compulsion.
and Elizabeth Borland have traced the origins of the norm of self-determination to the American and French revolutions.
Map of Ottoman Empire in 1683
The world possessed several traditional, continental empires such as the Ottoman
, and the Qing Empire
. Political scientists often define competition in Europe during the Modern Era
as a balance of power
struggle, which also induced various European states to pursue colonial empires, beginning with the Spanish
, and later including the British
, and German
. During the early 19th century, competition in Europe produced multiple wars, most notably the Napoleonic Wars
. After this conflict, the British Empire became dominant and entered its "imperial century"
, while nationalism became a powerful political ideology in Europe.
Rebellions and emergence of nationalism
Within the New World during the early 19th century, most of the nations of Spanish America
achieved independence from Spain
. The United States supported that status, as policy in the hemisphere relative to European colonialism
, with the Monroe Doctrine
. The American public, organized associated groups, and Congressional resolutions, often supported such movements, particularly the Greek War of Independence
(1821–29) and the demands of Hungarian revolutionaries in 1848
. Such support, however, never became official government policy, due to balancing of other national interests
. After the American Civil War
and with increasing capability, the United States government did not accept self-determination as a basis during its Purchase of Alaska
and attempted purchase of the West Indian
islands of Saint Thomas
and Saint John
in the 1860s, or its growing influence in the Kingdom of Hawaii
, that led to annexation
in 1898. With its victory in the Spanish–American War
in 1899 and its growing stature in the world, the United States supported annexation of the former Spanish colonies of Guam
, Puerto Rico
and the Philippines
, without the consent of their peoples, and it retained "quasi-suzerainty
" over Cuba
, as well.
supported such nationalism
, believing it might be a "prior condition" to social reform and international alliances.
In 1914 Vladimir Lenin
wrote: "[It] would be wrong to interpret the right to self-determination as meaning anything but the right to existence as a separate state."
World Wars I and II
This presented a challenge to Wilson's more limited demands. In January 1918 Wilson issued his Fourteen Points
of January 1918 which, among other things, called for adjustment of colonial claims, insofar as the interests of colonial powers had equal weight with the claims of subject peoples.
The Treaty of Brest-Litovsk
in March 1918 led to Soviet Russia
's exit from the war and the nominal independence of Armenia, Finland, Estonia, Latvia, Ukraine, Lithuania, Georgia and Poland, though in fact those territories were under German control. The end of the war led to the dissolution of the defeated Austro-Hungarian Empire
and the union of the State of Slovenes, Croats and Serbs
and the Kingdom of Serbia
as new states out of the wreckage of the Habsburg empire
. However, this imposition of states where some nationalities (especially Poles
, and Serbs
) were given power over nationalities who disliked and distrusted them was eventually used as a pretext for German aggression in World War II
Wilson publicly argued that the agreements made in the aftermath of the war would be a "readjustment of those great injustices which underlie the whole structure of European and Asiatic society", which he attributed to the absence of democratic rule. The new order emerging in the postwar period would, according to Wilson, place governments "in the hands of the people and taken out of the hands of coteries and of sovereigns, who had to right to rule over the people." The League of Nations
was established as the symbol of the emerging postwar order; one of its earliest tasks was to legitimize the territorial boundaries of the new nations-states
created in the territories of the former Ottoman Empire
, Asia, and Africa. The principle of self-determination did not extend so far as to end colonialism; under the reasoning that the local populations were not civilized enough the League of Nations was to assign each of the post-Ottoman, Asian and African states and colonies to a European power by the grant of a League of Nations mandate
One of the German objections to the Treaty of Versailles
was a somewhat selective application of the principle of self-determination as the majority of the people in Austria
and in the Sudetenland
region of Czechoslovakia
wanted to join Germany while the majority of people in Danzig
wanted to remain within the Reich
, but the Allies ignored the German objections. Wilson's 14 Points had called for Polish independence
to be restored and Poland to have "secure access to the sea", which would imply that the German city of Danzig (modern Gdańsk
), which occupied a strategic location where the Vistula River
flowed into the Baltic Sea
, be ceded to Poland.
At the Paris Peace Conference
in 1919, the Polish delegation led by Roman Dmowski
asked for Wilson to honor point 14 of the 14 points by transferring Danzig to Poland. arguing that Poland would not be economically viable without Danzig.
However, as the 90% of the people in Danzig in this period were German
, the Allied leaders at the Paris peace conference compromised by creating the Free City of Danzig
, a city-state in which Poland had certain special rights.
Through the city of Danzig was 90% German and 10% Polish, the surrounding countryside around Danzig was overwhelmingly Polish, and the ethnically Polish rural areas included in the Free City of Danzig objected, arguing that they wanted to be part of Poland.
Neither the Poles nor the Germans were happy with this compromise and the Danzig issue became a flash-point of German-Polish tension throughout the interwar period.
During the 1920s and 1930s there were some successful movements for self-determination in the beginnings of the process of decolonization
. In the Statute of Westminster
the United Kingdom
granted independence to Canada
, New Zealand
, the Irish Free State
, the Commonwealth of Australia
, and the Union of South Africa
after the British parliament
declared itself as incapable of passing laws over them without their consent. Egypt
, and Iraq
also achieved independence from Britain and Lebanon from France. Other efforts were unsuccessful, like the Indian independence movement
. And Italy, Japan and Germany all initiated new efforts to bring certain territories under their control, leading to World War II. In particular, the National Socialist Program
invoked this right of nations in its first point (out of 25), as it was publicly proclaimed on 24 February 1920 by Adolf Hitler
Many of Eastern Asia
's current disputes to sovereignty and self-determination stem from unresolved disputes from World War II. After its fall, the Empire of Japan
renounced control over many of its former possessions including Korea
, Sakhalin Island
, and Taiwan
. In none of these areas were the opinions of affected people consulted, or given significant priority. Korea was specifically granted independence but the receiver of various other areas was not stated in the Treaty of San Francisco
, giving Taiwan de facto
independence although its political status continues to be ambiguous.
The Cold War world
The UN Charter and resolutions
- Chapter 1, Article 1, part 2 states that purpose of the UN Charter is: "To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace."
- Article 1 in both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) reads: "All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. "
- The United Nations Universal Declaration of Human Rights article 15 states that everyone has the right to a nationality and that no one should be arbitrarily deprived of a nationality or denied the right to change nationality.
- Already in the 16th century the Spanish professor of law at the University of Salamanca wrote: "Toda nación tiene derecho a gobernarse a sí misma y puede aceptar el régimen político que quiera, aún cuando no sea el mejor. All nations have the right to govern themselves and can accept the political regime it wants, even if it is not the best."
On 15 December 1960 the United Nations General Assembly adopted United Nations General Assembly Resolution 1541 (XV)
, subtitled "Principles which should guide members in determining whether or nor an obligation exists to transmit the information called for under Article 73e
of the United Nations Charter
in Article 3", which provided that "[t]he inadequacy of political, economic, social and educational preparedness should never serve as a pretext for delaying the right to self-determination and independence." To monitor the implementation of Resolution 1514
, in 1961 the General Assembly created the Special Committee referred to popularly as the Special Committee on Decolonization
to ensure decolonization
complete compliance with the principles of self-determination in General Assembly Resolution 1541 (XV).
However, the charter and other resolutions did not insist on full independence as the best way of obtaining self-government
, nor did they include an enforcement mechanism. Moreover, new states were recognized by the legal doctrine of uti possidetis juris
, meaning that old administrative boundaries would become international boundaries upon independence if they had little relevance to linguistic, ethnic, and cultural boundaries.
Nevertheless, justified by the language of self-determination, between 1946 and 1960, thirty-seven new nations in Asia, Africa, and the Middle East gained independence from colonial powers.
The territoriality issue inevitably would lead to more conflicts and independence movements within many states and challenges to the assumption that territorial integrity
is as important as self-determination.
The communist versus capitalist worlds
Decolonization in the world was contrasted by the Soviet Union
's successful post-war expansionism. Tuva
and several regional states in Eastern Europe
, the Baltic
, and Central Asia
had been fully annexed by the Soviet Union during World War II. Now, it extended its influence by establishing the satellite states
of Eastern Germany
and the countries of Eastern Europe
, along with support for revolutionary movements in China
and North Korea
. Although satellite states were independent and possessed sovereignty, the Soviet Union violated principles of self-determination by suppressing the Hungarian revolution of 1956
and the Prague Spring
Czechoslovak reforms of 1968. It invaded Afghanistan
to support a communist government assailed by local tribal groups.
and its theory of imperialism were also strong influences in the national emancipation movements of Third World
nations rebelling against colonial or puppet regimes. In many Third World
countries, communism became an ideology that united groups to oppose imperialism or colonization.
Soviet actions were contained
by the United States which saw communism as a menace to its interests. Throughout the cold war, the United States created, supported, and sponsored regimes with various success that served their economic and political interests, among them anti-communist
regimes such as that of Augusto Pinochet
. To achieve this, a variety of means was implemented, including the orchestration of coups, sponsoring of anti-communist countries and military interventions. Consequently, many self-determination movements, which spurned some type of anti-communist government, were accused of being Soviet-inspired or controlled.
also gained independence from the British Empire, but declined membership in the Commonwealth.
After the Cold War
In the revolutions of 1989 – 90
, the communist regimes of Soviet satellite states collapsed in rapid succession in Poland, Hungary, Czechoslovakia, East Germany, Bulgaria, Romania, and Mongolia. East and West Germany united, Czechoslovakia peacefully split into Czech Republic
, while in the 1990s Yugoslavia began a violent break up
into 6 states. Macedonia became an independent nation and broke off from Yugoslavia peacefully. Kosovo
, which was previously an autonomous unit of Serbia declared independence in 2008, but has received less international recognition.
In December 1991, Gorbachev resigned as president and the Soviet Union dissolved
relatively peacefully into fifteen sovereign republics
, all of which rejected Communism
and most of which adopted democratic reforms and free-market economies. Inside those new republics, four major areas
have claimed their own independence, but not received widespread international recognition.
After decades of civil war, Indonesia finally recognized the independence of East Timor
As noted, self-determination movements remain strong in some areas of the world
. Some areas possess de facto
independence, such as Taiwan, North Cyprus
, and South Ossetia
, but their independence is disputed by one or more major states. Significant movements for self-determination also persist for locations that lack de facto
independence, such as Kurdistan
, and the State of Palestine
expressed joy and jubilation on their day of independence, July 9, 2011, from Sudan.
Since the early 1990s, the legitimatization of the principle of national self-determination has led to an increase in the number of conflicts within states, as sub-groups seek greater self-determination and full secession, and as their conflicts for leadership within groups and with other groups and with the dominant state become violent.
The international reaction to these new movements has been uneven and often dictated more by politics than principle. The 2000 United Nations Millennium Declaration
failed to deal with these new demands, mentioning only "the right to self-determination of peoples which remain under colonial domination and foreign occupation."
In an issue of Macquarie University Law Journal
Associate Professor Aleksandar Pavkovic and Senior Lecturer Peter Radan outlined current legal and political issues in self-determination.
There is not yet a recognized legal definition of "peoples" in international law.
Vita Gudeleviciute of Vytautas Magnus University
Law School, reviewing international law and UN resolutions, finds in cases of non-self-governing peoples (colonized and/or indigenous) and foreign military occupation "a people" is the entire population of the occupied territorial unit, no matter their other differences. In cases where people lack representation by a state's government, the unrepresented become a separate people. Present international law does not recognize ethnic and other minorities as separate peoples, with the notable exception of cases in which such groups are systematically disenfranchised by the government of the state they live in.
Other definitions offered are "peoples" being self-evident (from ethnicity, language, history, etc.), or defined by "ties of mutual affection or sentiment", i.e. "loyalty", or by mutual obligations among peoples.
Or the definition may be simply that a people is a group of individuals who unanimously choose a separate state. If the "people" are unanimous in their desire for self-determination, it strengthens their claim. For example, the populations of federal units of the Yugoslav federation were considered a people in the breakup of Yugoslavia, although some of those units had very diverse populations. Another example are the Macedonians in Macedonia. Bulgaria and Greece are now arguing against the Macedonians’ right to self determination under international law. Many of the Macedonians who live in the region have ancestors that date thousands of years and they have the right to identify as Macedonians. 
Although there is no fully accepted definition of peoples, references are often made to a definition proposed by UN Special Rapporteur Martínez Cobo in his study on discrimination against indigenous populations.
UN Independent Expert on the Promotion of a democratic and equitable International Order, Alfred de Zayas, relied on the "Kirby definition"
in his 2014 Report to the General Assembly A/69/272 as "a group of persons with a common historical tradition, racial or ethnic identity, cultural homogeneity, linguistic unity, religious or ideological affinity, territorial connection, or common economic life. To this should be added a subjective element: the will to be identified as a people and the consciousness of being a people."
Abulof suggests that self-determination entails the "moral double helix" of duality (personal right to align with a people, and the people's right to determine their politics) and mutuality (the right is as much the other's as the self's). Thus, self-determination grants individuals the right to form "a people," which then has the right to establish an independent state, as long as they grant the same to all other individuals and peoples.
Criteria for the definition of "people having the right of self-determination" was proposed during 2010 Kosovo case decision of the International Court of Justice: 1. traditions and culture 2. ethnicity 3. historical ties and heritage 4. language 5. religion 6. sense of identity or kinship 7. the will to constitute a people 8. common suffering.
Self-determination versus territorial integrity
National self-determination appears to challenge the principle of territorial integrity (or sovereignty
) of states as it is the will of the people that makes a state legitimate. This implies a people should be free to choose their own state and its territorial boundaries. However, there are far more self-identified nations than there are existing states and there is no legal process to redraw state boundaries according to the will of these peoples.
According to the Helsinki Final Act of 1975, the UN, ICJ and international law experts, there is no contradiction between the principles of self-determination and territorial integrity, with the latter taking precedence. 
, author of seven books on self-determination and secession, supports territorial integrity as a moral and legal aspect of constitutional democracy. However, he also advances a "Remedial Rights Only Theory" where a group has "a general right to secede if and only if it has suffered certain injustices, for which secession is the appropriate remedy of last resort." He also would recognize secession if the state grants, or the constitution includes, a right to secede.
Vita Gudeleviciute holds that in cases of non-self-governing peoples and foreign military occupation the principle of self-determination trumps that of territorial integrity. In cases where people lack representation by a state's government, they also may be considered a separate people, but under current law cannot claim the right to self-determination. On the other hand, she finds that secession within a single state is a domestic matter not covered by international law. Thus there are no on what groups may constitute a seceding people.
A number of states have laid claim to territories, which they allege were removed from them as a result of colonialism. This is justified by reference to Paragraph 6 of UN Resolution 1514(XV), which states that any attempt "aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter". This, it is claimed, applies to situations where the territorial integrity of a state had been disrupted by colonisation, so that the people of a territory subject to a historic territorial claim are prevented from exercising a right to self-determination. This interpretation is rejected by many states, who argue that Paragraph 2 of UN Resolution 1514(XV) states that "all peoples have the right to self-determination" and Paragraph 6 cannot be used to justify territorial claims. The original purpose of Paragraph 6 was "to ensure that acts of self-determination occur within the established boundaries of colonies, rather than within sub-regions". Further, the use of the word attempt
in Paragraph 6 denotes future action and cannot be construed to justify territorial redress for past action.
An attempt sponsored by Spain and Argentina to qualify the right to self-determination in cases where there was a territorial dispute was rejected by the UN General Assembly, which re-iterated the right to self-determination was a universal right.
Methods of increasing minority rights
In order to accommodate demands for minority rights and avoid secession and the creation of a separate new state, many states decentralize
greater decision-making power to new or existing subunits or autonomous areas
Self-determination versus majority rule/equal rights
Most sovereign states
do not recognize the right to self-determination through secession in their constitutions. Many expressly forbid it. However, there are several existing models of self-determination through greater autonomy and through secession.
The Chinese Communist Party
followed the Soviet Union in including the right of secession in its 1931 constitution in order to entice ethnic nationalities and Tibet into joining. However, the Party eliminated the right to secession in later years, and had anti-secession clause written into the Constitution before and after the founding the People's Republic of China. The 1947 Constitution of the Union of Burma
contained an express state right to secede from the union under a number of procedural conditions. It was eliminated in the 1974 constitution of the Socialist Republic of the Union of Burma (officially the "Union of Myanmar"). Burma still allows "local autonomy under central leadership".
The 2003 draft of the European Union Constitution
allowed for the voluntary withdrawal of member states from the union, although the State which wanted to leave could not be involved in the vote deciding whether or not they can leave the Union.
There was much discussion about such self-determination by minorities
before the final document underwent the unsuccessful ratification process in 2005.
Drawing new borders
Indigenous march right to self-determination (2008). Lumads from all over Mindanao
march through the streets of Davao City
at the end of a three-day conference.
In determining international borders between sovereign states, self-determination has yielded to a number of other principles.
Once groups exercise self-determination through secession, the issue of the proposed borders may prove more controversial than the fact of secession. The bloody Yugoslav Wars
in the 1990s were related mostly to border issues because the international community applied a version of uti possidetis juris
in transforming the existing internal borders of the various Yugoslav republics into international borders, despite the conflicts of ethnic groups within those boundaries. In the 1990s indigenous populations of the northern two-thirds of Quebec province opposed being incorporated into a Quebec nation and stated a determination to resist it by force.
The border between Northern Ireland
and the Irish Free State
was based on the borders of existing counties and did not include all of historic Ulster
. A Boundary Commission
was established to consider re-drawing it. Its proposals, which amounted to a small net transfer to Northern Ireland, were leaked to the press and then not acted upon. In December 1925, the governments of the Irish Free State, Northern Ireland, and the United Kingdom agreed to accept the existing border.
Self-determination has become the topic of some debate in Australia in relation to Aboriginal Australians
and Torres Strait Islanders
. In the 1970s, Aboriginal requested the right to administer their own remote communities as part of the homelands movement
, also known as the outstation movement. These grew in number through the 1980s, but funding dried up in the 2000s.
Tuareg rebels in the short-lived proto-state
of Azawad in 2012
The traditional homeland of the Tuareg
peoples was divided up by the modern borders of Mali
. Numerous rebellions occurred over the decades, but in 2012 the Tuaregs succeeded in occupying their land and declaring the independence of Azawad
. However, their movement was hijacked by the Islamist terrorist group Ansar Dine
The Basque Country (Basque
: Euskal Herria
: País Vasco
: Pays Basque
) as a cultural region
(not to be confused with the homonym Autonomous Community
of the Basque country
) is a European region in the western Pyrenees
that spans the border between France and Spain, on the Atlantic coast. It comprises the autonomous communities of the Basque Country and Navarre
in Spain and the Northern Basque Country
in France. Since the 19th century, Basque nationalism
has demanded the right of some kind of self-determination.
This desire for independence is particularly stressed among leftist
Basque nationalists. The right of self-determination was asserted by the Basque Parliament
in 1990, 2002 and 2006.
self-determination is not recognized in the Spanish Constitution of 1978
, some Basques abstained and some voted against it in the referendum of December 6 of that year. It was approved by a clear majority at the Spanish level, and with 74.6% of the votes in the Basque Country.
However, the overall turnout in the Basque Country was 45% when the Spanish overall turnover was 67.9%. The derived autonomous regime for the BAC was approved by Spanish Parliament and also by the Basque citizens in referendum. The autonomous statue of Navarre (Amejoramiento del Fuero
: "improvement of the charter") was approved by the Spanish Parliament and, like the statues of 13 out of 17 Spanish autonomous communities, it did not need a referendum to enter into force.
A girl during the Nigerian Civil War
of the late 1960s. Pictures of the famine caused by Nigerian blockade garnered sympathy for the Biafrans worldwide.
The Nigerian Civil War
was fought between Biafran secessionists of the Republic of Biafra
and the Nigerian central government
. From 1999 to the present day, the indigenous people of Biafra have been agitating for independence to revive their country. They have registered a human rights organization known as Bilie Human Rights Initiative both in Nigeria and in the United Nations to advocate for their right to self-determination and achieve independence by the rule of law.
After the 2012 Catalan march for independence
, in which between 600,000 and 1.5 million citizens marched,
the President of Catalonia
, Artur Mas
, called for new parliamentary elections on 25 November 2012
to elect a new parliament
that would exercise the right of self-determination for Catalonia, a right not recognised under the Spanish Cortes Generales
. The Parliament of Catalonia
voted to hold a vote in the next four-year legislature on the question of self-determination. The parliamentary decision was approved by a large majority of MPs: 84 voted for, 21 voted against, and 25 abstained.
The Catalan Parliament applied to the Spanish Parliament for the power to call a referendum to be devolved, but this was turned down. In December 2013 the President of the Generalitat Artur Mas and the governing coalition agreed to set the referendum for self-determination on 9 November 2014, and legislation specifically saying that the consultation would not be a "referendum" was enacted, only to be blocked by the Spanish Constitutional Court
, at the request of the Spanish government. Given the block, the Government turned it into a simple "consultation to the people" instead.
The question in the consultation was "Do you want Catalonia to be a State?" and, if the answer to this question was yes, "Do you want this State to be an independent State?". However, as the consultation was not a formal referendum, these (printed) answers were just suggestions and other answers were also accepted and catalogued as "other answers" instead as null votes. The turnout in this consultation was about 2·3m people out of 6·2m people that were called to vote (this figure does not coincide with the census figure of 5·3m for two main reasons: first, because organisers had no access to an official census due to the non-binding character of the consultation, and second, because the legal voting age was set to 16 rather than 18). Due to the lack of an official census, potential voters were assigned to electoral tables according to home address and first family name. Participants had to sign up first with their full name and national ID in a voter registry before casting their ballot, which prevented participants from potentially casting multiple ballots. The overall result was 80·76% in favor of both questions, 11% in favor of the first question but not of the second questions, 4·54% against both; the rest were classified as "other answers". The voter turnout was around 37% (most people against the consultation did not go to vote). Four top members of Catalonia's political leadership were barred from public office for having defied the Constitutional court's last-minute ban.
Almost three years later (1 October 2017), the Catalan government called a referendum for independence
under legislation adopted in September 2017, despite this legislation had had been suspended by the Constitutional Court for "violating fundamental rights of citizens",
with the question "Do you want Catalonia to become an independent state in the form of a Republic?". On polling day, the Catalan regional police, which had been accused in the past of police brutality and impunity during the 15-M protests,
prevented voting in over 500 polling stations without incidents. In some voting stations, the Catalan regional police did not intervene,
while in other stations they directly confronted the Spanish CNP (National Police Corps) to allow voters to participate.
The CNP confiscated ballot boxes and closed down 92,
voting centres with violent truncheon charges. The opposition parties had called for non-participation. The turnout (according to the votes that were counted) was 2.3m out of 5.3m (43.03% of the census), and 90.18% of the ballots were in favour of independence.
The turnout, ballot count and results were similar to those of the 2014 "consultation".
Under Dzhokhar Dudayev
declared independence as the Chechen Republic of Ichkeria
, using self-determination, Russia's history of bad treatment of Chechens, and a history of independence before invasion by Russia as main motives. Russia has restored control over Chechnya, but the separatist government functions still in exile, though it has been split into two entities: the Akhmed Zakayev
-run secular Chechen Republic (based in Poland, the United Kingdom, and the United States), and the Islamic Caucasus Emirate
There is an active secessionist movement based on the self-determination of the residents of the Donetsk
regions of eastern Ukraine
, allegedly against the illegitimacy and corruption of the Ukrainian government
. However, many in the international community assert that referendums held there in 2014
regarding independence from Ukraine were illegitimate and undemocratic.
Similarly, there are reports that presidential elections in May 2014
were prevented from taking place in the two regions after armed gunmen took control of polling stations, kidnapped election officials, and stole lists of electors, thus denying the population the chance to express their will in a free, fair, and internationally recognised election.
There are also arguments that the de facto separation of Eastern Ukraine
from the rest of the country is not an expression of self-determination, but rather a manipulation through pro-Soviet sentiment revival
and an invasion by neighbouring Russia
, with Ukrainian President Petro Poroshenko
claiming in 2015 that up to 9,000 Russian soldiers
were deployed in Ukraine.
Malvinas and South Atlantic Islands Museum in Buenos Aires, 2015
Argentina states the principle of self-determination is not applicable since the current inhabitants are not aboriginal and were brought to replace the Argentine population, which was expelled by an 'act of force', forcing the Argentinian inhabitants to directly leave the islands.
This refers to the re-establishment of British rule
in the year 1833
during which Argentina claims the existing population living in the islands was expelled. Argentina thus argues that, in the case of the Falkland Islands, the principle of territorial integrity should have precedence
Historical records dispute Argentina's claims and whilst acknowledging the garrison was expelled note the existing civilian population remained at Port Louis
and there was no attempt to settle the islands until 1841.
Gibraltar National Day, September 2013
The right to self-determination is referred to in the pre-amble of Chapter 1 of the Gibraltar constitution
and, since the United Kingdom also gave assurances that the right to self-determination of Gibraltarians would be respected in any transfer of sovereignty over the territory, is a factor in the dispute with Spain over the territory.
The impact of the right to self-determination of Gibraltarians was seen in the 2002 Gibraltar sovereignty referendum
, where Gibraltarian voters overwhelmingly rejected a plan to share sovereignty over Gibraltar between the UK and Spain. However, the UK government differs with the Gibraltarian government in that it considers Gibraltarian self-determination to be limited by the Treaty of Utrecht
, which prevents Gibraltar achieving independence without the agreement of Spain, a position that the Gibraltarian government does not accept.
The Spanish government denies that Gibraltarians have the right to self-determination, considering them to be "an artificial population without any genuine autonomy" and not "indigenous".
However, the Partido Andalucista
has agreed to recognise the right to self-determination of Gibraltarians.
Before the United Nations's adoption of resolution 2908 (XXVII) on 2 November 1972, The People's Republic of China vetoed the former British colony of Hong Kong's right to self-determination on 8 March 1972. This sparked several nations' protest along with Great Britain's declaration on 14 December that the decision is invalid. Decades later,[when?]
an independence movement, dubbed as the Hong Kong independence movement emerged in the now Communist Chinese controlled territory. It advocates the autonomous region to become a fully independent sovereign state.
The 2014–15 Hong Kong electoral reform
package deeply divided the city, as it allowed Hongkongers to have universal suffrage, but Beijing would have authority to screen the candidates to restrict the electoral method for the Chief Executive of Hong Kong
(CE), the highest-ranking official of the territory. This sparked the 79-day massive peaceful protests which was dubbed as the "Umbrella Revolution
" and the pro-independence movement emerged on the Hong Kong political scene.
Ever since Pakistan and India's inception in 1947 the legal state of Jammu and Kashmir
, the land between India and Pakistan, has been contested as Britain was resigning from their rule over this land. Maharaja Hari Singh
, the ruler of Kashmir at the time of accession, signed the Instrument of Accession Act on October 26, 1947 as his territory was being attacked by Pakistani tribesmen. The passing of this Act allowed Jammu and Kashmir
to accede to India on legal terms. When this Act was taken to Lord Mountbatten
, the last viceroy of British India
, he agreed to it and stated that a referendum needed to be held by the citizens in India, Pakistan, and Kashmir so that they could vote as to where Kashmir should accede to. This referendum that Mountbatten called for never took place and framed one of the legal disputes for Kashmir. In 1948 the United Nations intervened and ordered a plebiscite to be taken in order to hear the voices of the Kashmiris if they would like to accede to Pakistan or India. This plebiscite left out the right for Kashmiris to have the right of self-determination and become an autonomous state. To this date the Kashmiris have been faced with numerous human rights violations committed by both India and Pakistan and have yet to gain complete autonomy which they have been seeking through self-determination.[POV? – discuss]
The insurgency in Kashmir
against Indian rule has existed in various forms. A widespread armed insurgency started in Kashmir against India rule in 1989 after allegations of rigging by the Indian government in the 1987 Jammu and Kashmir state election
. This led to some parties in the state assembly forming militant wings, which acted as a catalyst for the emergence of armed insurgency in the region. The conflict over Kashmir has resulted in tens of thousands of deaths.
Indian soldiers on the streets of Kashmir during the 2016 unrests
The Inter-Services Intelligence
has been accused by India of supporting and training both pro-Pakistan and pro-independence militants to fight Indian security forces in Jammu and Kashmir, a charge that Pakistan denies. According to official figures released in the Jammu and Kashmir assembly, there were 3,400 disappearance cases and the conflict has left more than 47,000 to 100,000 people dead as of July 2009. However, violence in the state had fallen sharply after the start of a slow-moving peace process between India and Pakistan. After the peace process failed in 2008, mass demonstrations against Indian rule, and low-scale militancy emerged again.
However, despite boycott calls by separatist leaders in 2014, the Jammu and Kashmir Assembly elections
saw highest voters turnout in last 25 years since insurgency erupted. As per the Indian government, it recorded more than 65% of voters turnout which was more than usual voters turnout in other state assembly elections of India. It considered as increase in faith of Kashmiri people in democratic process of India. However, activists say that the voter turnout is highly exaggerated and that elections are held under duress. Votes are cast because the people want stable governance of the state and this cannot be mistaken as an endorsement of Indian rule.
Efforts towards Kurdish self-determination are considered illegal separatism by the governments of Turkey and Iran, and the movement is politically repressed in both states. This is intertwined with Kurdish nationalist insurgencies in Iran
and in Turkey
, which in turn justify and are justified by the repression of peaceful advocacy. In Syria, a self-governing local Kurdish-dominated polity
was established in 2012, amongst the upheaval of the Syrian Civil War
, but has not been recognized by any foreign state.
refers to a vaguely-defined conglomeration of distinct tribes living on the border of India and Burma. Each of these tribes lived in a sovereign village before the arrival of the British
, but developed a common identity as the area was Christianized. After the British left India, a section of Nagas under the leadership of Angami Zapu Phizo
sought to establish a separate country for the Nagas. Phizo's group, the Naga National Council
(NNC), claimed that 99. 9% of the Nagas wanted an independent Naga country according to a referendum conducted by it. It waged a secessionist insurgency against the Government of India. The NNC collapsed after Phizo got his dissenters killed or forced them to seek refuge with the Government.
Phizo escaped to London, while NNC's successor secessionist groups continued to stage violent attacks against the Indian Government. The Naga People's Convention (NPC), another major Naga organization, was opposed to the secessionists. Its efforts led to the creation of a separate Nagaland state within India in 1963.
The secessionist violence declined considerably after the Shillong Accord of 1975
. However, three factions of the National Socialist Council of Nagaland
(NSCN) continue to seek an independent country which would include parts of India and Burma. They envisage a sovereign, predominantly Christian nation called "Nagalim".
North Borneo and Sarawak
Another controversial episode with perhaps more relevance was the British beginning their exit from British Malaya
. An experience concerned the findings of a United Nations Assessment Team
that led the British territories of North Borneo
in 1963 to determine whether or not the populations wished to become a part of the new Malaysia Federation
The United Nation Team's mission followed on from an earlier assessment by the British-appointed Cobbold Commission
which had arrived in the territories in 1962 and held hearings to determine public opinion. It also sifted through 1600 letters and memoranda submitted by individuals, organisations and political parties. Cobbold concluded that around two thirds of the population favoured to the formation of Malaysia while the remaining third wanted either independence or continuing control by the United Kingdom. The United Nations team largely confirmed these findings, which were later accepted by the General Assembly, and both territories subsequently wish to form the new Federation of Malaysia
. The conclusions of both the Cobbold Commission and the United Nations team were arrived at without any referendums
self-determination being held. Unlike in Singapore
, however, no referendum was ever conducted in Sarawak
and North Borneo
they sought to consolidate several of the previous ruled entities then there was Manila Accord
, an agreement between the Philippines, Federation of Malaya
and Indonesia on 31 July 1963
to abide by the wishes of the people of North Borneo
within the context of United Nations General Assembly Resolution 1541 (XV)
, Principle 9 of the Annex
taking into account referendums
in North Borneo and Sarawak that would be free and without coercion.
This also triggered the Indonesian confrontation
because Indonesia opposed the violation of the agreements.
Cyprus was settled by Mycenaean Greeks
in two waves in the 2nd millennium BC
. As a strategic location in the Middle East
, it was subsequently occupied by several major powers, including the empires of the Assyrians
, from whom the island was seized in 333 BC by Alexander the Great
. Subsequent rule by Ptolemaic Egypt
, the Classical
and Eastern Roman Empire
, Arab caliphates
for a short period and the French Lusignan dynasty
. Following the death in 1473 of James II
, the last Lusignan king, the Republic of Venice
assumed control of the island, while the late king's Venetian widow, Queen Catherine Cornaro
, reigned as figurehead. Venice formally annexed the Kingdom of Cyprus
in 1489, following the abdication of Catherine. The Venetians fortified Nicosia
by building the Walls of Nicosia
, and used it as an important commercial hub.
Although the Lusignan French aristocracy remained the dominant social class in Cyprus throughout the medieval period, the former assumption that Greeks were treated only as serfs
on the island is no longer considered by academics to be accurate. It is now accepted that the medieval period saw increasing numbers of Greek Cypriots
elevated to the upper classes, a growing Greek middle ranks, and the Lusignan royal household even marrying Greeks. This included King John II of Cyprus
who married Helena Palaiologina
Having invaded in 1570, Turks
controlled and solely governed all of the Cyprus island from 1571 until its leasing to the British Empire
in 1878. Cyprus was placed under British administration
based on Cyprus Convention
in 1878 and formally annexed by Britain at the beginning of World War I
in 1914. While Turkish Cypriots made up 18% of the population, the partition of Cyprus and creation of a Turkish state in the north became a policy of Turkish Cypriot leaders and the Republic of Turkey
in the 1950s. Politically, there was no majority/minority relation between Greek Cypriots
and Turkish Cypriots
and hence, in 1960, Republic of Cyprus
was founded by the constituent communities in Cyprus (Greek Cypriots and Turkish Cypriots)
as a non-unitary state; the 1960 Constitution set both Turkish
as the official languages.
During 1963–74, the island experienced ethnic clashes and turmoil, following the Greek nationalists
' coup to unify the island to Greece, which led to the eventual Turkish invasion
in 1974. Turkish Republic of Northern Cyprus
was declared in 1983 and recognized only by Turkey.
Monroe Leigh, 1990, The Legal Status in International Law of the Turkish Cypriot and the Greek Cypriot Communities in Cyprus. The Greek Cypriot and Turkish Cypriot regimes participating in these negotiations, and the respective communities which they represent, are presently entitled to exercise equal rights under international law, including rights of self-determination.
Before the Turkey
's invasion in 1974, Turkish Cypriots were concentrated in Turkish Cypriot enclaves
in the island.
Northern Cyprus fulfills all the classical criteria of statehood.
United Nations Peace Force in Cyprus (UNFICYP) operates based on the laws of Northern Cyprus in north of Cyprus island.
According to European Court of Human Rights (ECtHR)
, the laws of Northern Cyprus is valid in the north of Cyprus.
ECtHR did not
accept the claim that the Courts of Northern Cyprus lacked "independence and/or impartiality".
ECtHR directed all Cypriots to exhaust "domestic remedies" applied by Northern Cyprus before taking their cases to ECtHR.
In 2014, United States' Federal Court
qualified Turkish Republic of Northern Cyprus
as a "democratic country".
In 2017, United Kingdom's High Court decided that "There was no duty in UK law upon the UK's Government to refrain from recognising Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates cooperation between the two parts of the island."
UK's High Court
also dismissed the claim that "cooperation between UK police and law agencies in northern Cyprus was illegal".
ceased to exist as a sovereign state in 1707, as did England
, when the Acts of Union
(1707) created the unified Kingdom of Great Britain
, but has a long-standing separatist movement
with polls suggesting in January 2020 that 52% of eligible voters would vote for an independent Scotland.
The region's largest political party, the Scottish National Party
campaigns for Scottish independence. A referendum on independence was held in 2014
, where it was rejected by 55% of voters.
The Independence debate continued throughout the UK referendum on EU membership
where Scotland voted 62-38 (turnout 67%) to remain a member of the EU.
Results in the rest of the UK, however, led to the whole of Great Britain leaving the EU.
In late 2019 the Scottish Government
announced plans to demand a second referendum on Scottish Independence. This was given assent by the Scottish Parliament
but, as of February 2020, British Prime Minister Boris Johnson
has refused to grant the powers required to hold another referendum on the grounds that both sides accepted beforehand that the 2014 vote would settle the matter for a generation.
Section 235 of the South African Constitution
allows for the right to self-determination of a community, within the framework of "the right of the South African people
as a whole to self-determination", and pursuant to national legislation.
This section of the constitution was one of the negotiated settlements during the handing over of political power in 1994. Supporters of an independent Afrikaner
homeland have argued that their goals are reasonable under this new legislation.
Following the First World War
, large areas of the Kingdom of Hungary
by Romania. Some of these areas were inhabited by an ethnic Hungarian
population called Székelys
. Ever since their homes were integrated into Romania, these people were trying to achieve some form of autonomy or self-governance.
A Native American woman in traditional dress
The colonization of the North American
continent and its Native American
population has been the source of legal battles since the early 19th century. Many Native American tribes were resettled onto separate tracts of land (reservations
), which have retained a certain degree of autonomy
within the United States
. The federal government
recognizes Tribal Sovereignty
and has established a number of laws attempting to clarify the relationship among the federal, state
, and tribal governments. The Constitution
and later federal laws recognize the local sovereignty of tribal nations, but do not recognize full sovereignty equivalent to that of foreign nations, hence the term "domestic dependent nations" to qualify the federally recognized tribes.
There are several active Hawaiian autonomy or independence movements, each with the goal of realizing some level of political control over single or several islands. The groups range from those seeking territorial units similar to Indian reservations
under the United States, with the least amount of independent control, to the Hawaiian sovereignty movement
, which is projected to have the most independence. The Hawaiian Sovereignty movement seeks to revive the Hawaiian nation under the Hawaiian constitution. Supporters of this concept say that Hawaii retained its sovereignty
while under control of the United States.
Since 1972, the U.N. Decolonization Committee
has called for Puerto Rico
's "decolonization" and for the US to recognize the island's right to self-determination and independence. In 2007 the Decolonization Subcommittee called for the United Nations General Assembly to review the political status of Puerto Rico
, a power reserved by the 1953 Resolution.
This followed the 1967 passage of a plebiscite
act that provided for a vote on the status of Puerto Rico with three status options: continued commonwealth
, and independence
. In the first plebscite, the commonwealth option won with 60.4% of the votes, but US congressional committees failed to enact legislation to address the status issue. In subsequent plebiscites in 1993 and 1998, the status quo was favored.
In a referendum
that took place in November 2012, a majority of Puerto Rican residents voted to change the territory's relationship with the United States, with the statehood option being the preferred option. But a large number of ballots—one-third of all votes cast—were left blank on the question of preferred alternative status. Supporters of the commonwealth status had urged voters to blank their ballots. When the blank votes are counted as anti-statehood votes, the statehood option would have received less than 50% of all ballots received.
As of January 2014, Washington has not taken action to address the results of this plebiscite.
A demonstration in Madrid for the independence of Western Sahara
There is an active movement based on the self-determination of the Sahrawi people
in the Western Sahara
also claims the entire territory, and maintains control of about two-thirds of the region.
- ^ See: United Nations General Assembly Resolution 1514 in Wikisource states
- ^ McWhinney, Edward (2007). Self-Determination of Peoples and Plural-Ethnic States in Contemporary International Law: Failed States, Nation-Building and the Alternative, Federal Option. Martinus Nijhoff Publishers. p. 8. ISBN 978-9004158351.
- ^ See: Chapter I - Purposes and Principles of Charter of the United Nations
- ^ a b Jörg Fisch (9 December 2015). A History of the Self-Determination of Peoples: The Domestication of an Illusion. Cambridge University Press. p. 118. ISBN 978-1-107-03796-0.
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Published in Revista Id y Evangelizad, November 2003; the original author was Francisco de Vitoria (1483-1546).
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- ^ See: United Nations General Assembly Resolution 1514
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- ^ a b c d e Vita Gudeleviciute, Does the Principle of Self-determination Prevail over the Principle of Territorial Integrity?, International Journal of Baltic Law, Vytautas Magnus University School of Law, Volume 2, No. 2 (April 2005).
- ^ Resolution 1514 (XV) "Declaration on the Granting of Independence to Colonial Countries and Peoples"
- ^ Declaration on the Granting of Independence to Colonial Countries and Peoples Archived 2012-05-08 at the Wayback Machine, General Assembly resolution 1514 (XV) of 14 December 1960.
- ^http://www.apcss.org/Publications/Edited%20Volumes/ReligiousRadicalism/PagesfromReligiousRadicalismandSecurityinSouthAsiach10.pdf p. 220
- ^ Martin Griffiths, Self-determination, International Society And World Order, Macquarie University Law Journal, 1, 2003.
- ^ "United Nations Millennium Declaration, adopted by the UN General Assembly Resolution 55/2 (08 09 2000), paragraph 4" (PDF). Retrieved 2012-03-04.
- ^ a b c d e Pavkodic, Aleksander; Radan, Peter. "n Pursuit of Sovereignty and Self-determination: Peoples, States and Secession in the International Order". Macquarie Law Journal. Retrieved 2021-03-30.
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- ^ Abulof, Uriel (2015). "The Confused Compass: From Self-determination to State-determination". Ethnopolitics. 14 (5): 488–497. doi:10.1080/17449057.2015.1051809. S2CID 142202032.
- ^ United Nations, International Court of JusticeArchived 2017-02-22 at the Wayback Machine 2010 Kosovo Case, Separate Opinion of Judge A. A. Cançado Trindade
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- ^ Johan D. van der Vyver (Fall 2000). "Self-Determination of the Peoples of Quebec Under International Law" (PDF). Journal of Transnational Law & Policy. 10 (1–38). Archived from the original (PDF) on 2012-02-06. Retrieved 2012-03-04.
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- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2012-04-30. Retrieved 2012-03-07. Falkland Islands Government, Dick Sawle MLA, The Challenge of Sovereignty in small states As I mentioned previously, the UN itself, in 2008, rejected the claim that a dispute over sovereignty affected self-determination, affirming self-determination to be "a basic human right.""Archived copy" (PDF). Archived from the original (PDF) on April 30, 2012. Retrieved 2012-03-07.
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- ^ "FALKLAND ISLANDS (MALVINAS), GIBRALTAR, AMERICAN SAMOA DISCUSSED IN CARIBBEAN REGIONAL SEMINAR ON DECOLONIZATION - Meetings Coverage and Press Releases (UN Press Release)". United Nations.
- ^ "Archived copy". Archived from the original on 2011-05-31. Retrieved 2008-10-07. Argentina's Position on Different Aspects of the Question of the Malvinas Islands
- ^ Angel M. Oliveri López (1995). Key to an Enigma: British Sources Disprove British Claims to the Falkland/Malvinas Islands. Lynne Rienner Publishers. p. 38. ISBN 978-1-55587-521-3.
- ^ Lowell S. Gustafson (7 April 1988). The Sovereignty Dispute Over the Falkland (Malvinas) Islands. Oxford University Press. p. 26. ISBN 978-0-19-504184-2. Retrieved 18 September 2012. Sarandi sailed on 5 January, with all the soldiers and convicts of the penal colony and those remaining Argentine settlers who wished to leave. The other settlers of various nationalities, remained at Port Louis.
- ^ Lowell S. Gustafson (7 April 1988). The Sovereignty Dispute Over the Falkland (Malvinas) Islands. Oxford University Press. p. 26. ISBN 978-0-19-504184-2. Retrieved 18 September 2012. Nevertheless, this incident is not the forcible ejection of Argentine settlers that has become myth in Argentina
- ^ Julius Goebel (1927). The struggle for the Falkland Islands: a study in legal and diplomatic history. Yale university press. p. 456. ISBN 9780300029437. Retrieved 18 September 2012. On April 24, 1833 he addressed Lord Palmerston, inquiring whether orders had been actually given by the British government to expel the Buenos Aires garrison.
- ^ Mary Cawkell (1983). The Falkland story, 1592–1982. A. Nelson. p. 30. ISBN 978-0-904614-08-4. Retrieved 18 September 2012. Argentina likes to stress that Argentine settlers were ousted and replaced. This is incorrect. Those settlers who wished to leave were allowed to go. The rest continued at the now renamed Port Louis.
- ^ J. Metford; Falklands or Malvinas? The background to the dispute. International Affairs, Vol 44 (1968), pp. 463–481."Much is made in successive presentations of the Argentine case of the next episode in the history of the islands: the supposed fact that Great Britain 'brutally' and 'forcefully' expelled the Argentine garrison in 1833. The record is not nearly so dramatic. After the commander of the Lexington had declared, in December 1831, the Falklands 'free of all government', they remained without any visible authority. However, in September 1832, the Buenos Aires Government appointed, in place of Vernet, an interim commandant, Juan Mestivier. The British representative immediately lodged a protest, but Mes- tivier sailed on the Sarandi at the end of the year to take charge of a penal settlement at San Carlos, his Government's reserve on East Falkland. There was a mutiny, led by a sergeant of the garrison, and Mestivier was murdered. At this juncture, on January 11, 1833, H.M. sloop Clio arrived at Puerto de la Soledad when Pinedo, the commander of the Sarandi and 25 soldiers were attempting to re-establish order. The so-called 'brutal' eviction is laconically recorded in Captain Onslow's log: Tuesday 1 Jany. 1833. P.M. Mod. with rain 12.20 shortened sails and came to Port Louis (Soledad), Berkeley Sound ... found here a Buenos Ayrean flag flying on shore. 2.30 out boats. 3 furled sails. 5.30 Moored ship . . . Wednesday Jany. 2. Moored at Port Louis A.M. Mod. cloudy ... loosed sails and landed a party of marines and seamen and hoisted the Union Jack and hauled down the Buenos Ayrean flag and sent it on board the schooner to the Commandante. Sailmaker repairing the Main top Gallant sails.... In the interval between these two entries, Onslow had 'civilly' (his report) told Pinedo that he had come 'to exercise the right of sovereignty' on the islands and asked him to haul down his flag on shore. Pinedo protested, but said that if the Buenos Aires flag were allowed to fly until January 5, he would leave with his soldiers and anyone else who wished to go. When Onslow proved adamant, Pinedo agreed to embark his soldiers, but he left his flag flying on shore. This was why Onslow sent it to him by one of the Clio's officers. Pinedo sailed on January 4 and was later punished by the Buenos Aires Government for failing to offer any resistance"
- ^ Laurio Hedelvio Destéfani (1982). The Malvinas, the South Georgias, and the South Sandwich Islands, the conflict with Britain. Edipress. p. 91. ISBN 978-950-01-6904-2. Before Pinedo sailed from the Malvinas he appointed Political and Military Commander of the Islands, a Frenchman name Juan Simon who had been Vernet's trusted foreman in charge of his gauchos
- ^ Marjory Harper (1998). Emigration from Scotland Between the Wars: Opportunity Or Exile?. Manchester University Press. p. 91. ISBN 978-0-7190-4927-9.
- ^ "The Gibraltar Constitution Order 2006"(PDF). Gibraltarlaws.gov.gi. 2006-12-14. Archived from the original (PDF) on 2012-11-15. Retrieved 2013-07-11.
- ^ "Gibraltar's Quest for Self-Determination: A Critique of Gibraltar's New Constitution" (PDF). OREGON REVIEW OF INT’L LAW [Vol. 9, 2007]. 2007. Archived from the original (PDF) on 2013-01-17. Retrieved 2013-07-11.
- ^ Despatch. Gibraltar Constitution Order 2006Archived 2013-11-07 at the Wayback Machine, section 5
- ^ Lincoln, Simon J. (1994). "The Legal Status of Gibraltar: Whose Rock is it Anyway?" (PDF). Fordham International Law Journal. 18 (1): 322.
- ^ Antonio Cassese (1998). Self-Determination of Peoples: A Legal Reappraisal. Cambridge University Press. p. 209. ISBN 9780521637527.
- ^ "Andalusian nationalists say 'yes' to Gibraltar's self-determination". Gibraltar Chronicle. 11 July 2013. Archived from the original on 13 April 2014. Retrieved 11 July 2013.
- ^ See the following:
- Shaw, Malcolm Nathan (2003). International law. Cambridge University Press. p. 178. Article 1 of the Montevideo Convention on Rights and Duties of States, 1 lays down the most widely accepted formulation of the criteria of statehood in international law. It note that the state as an international person should possess the following qualifications: '(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states'
- Jasentuliyana, Nandasiri, ed. (1995). Perspectives on international law. Kluwer Law International. p. 20. So far as States are concerned, the traditional definitions provided for in the Montevideo Convention remain generally accepted.
- ^ Claeys, Gregory (2013). Encyclopedia of Modern Political Thought. 2455 Teller Road, Thousand Oaks, California 91320: SAGE Publications, Ltd. doi:10.4135/9781452234168. hdl:10138/156263. ISBN 978-0-87289-910-0.
- ^ "A Way Out for Kashmir? - Solidarity". 30 November 2001.
- ^ "January 5th – Remembrance of Self-determination in Kashmir".
- ^ Chaube, Shibani Kinkar (1999) . Hill politics in Northeast India. Orient Longman. pp. 153–161. ISBN 81-250-1695-3. OCLC 42913576.
- ^ Samaddar, Ranabir (2004). The Politics of Dialogue: Living Under the Geopolitical Histories of War and Peace. Ashgate. pp. 171–173. ISBN 978-0-7546-3607-6. OCLC 56466278.
- ^ Hamlet Bareh (2001). Encyclopaedia of North-East India: Nagaland. Mittal Publications. pp. 78–79. ISBN 978-81-7099-793-1.
- ^ Dr. Kunal Ghosh (1 January 2008). Separatism in North East India: Role of Religion, Language and Script. Suruchi Prakashan. p. 85. ISBN 978-81-89622-33-6.
- ^ "United Nations Treaty Series Nr. 10760: Agreement relating to Malaysia" (PDF). United Nations Treaty Collection. United Nations. July 1963. Archived from the original (PDF) on May 14, 2011. Retrieved 2010-07-29.
- ^ United Nations General Assembly Resolution 1514
- ^ "United Nations General Assembly 15th Session - The Trusteeship System and Non-Self-Governing Territories (pages: 509-510)" (PDF). Archived from the original (PDF) on January 21, 2012. Retrieved 2012-03-04.
- ^ "United Nations General Assembly 18th Session - the Question of Malaysia (pages: 41-44)" (PDF). Archived from the original (PDF) on November 11, 2011. Retrieved 2012-03-04.
- ^ Jeffrey Kitingan: There was no Sabah referendum, published by Free Malaysia Today, March 8, 2013.
- ^ a b "United Nations Treaty Registered No. 8029, Manila Accord between Philippines, Federation of Malaya and Indonesia (31 JULY 1963)" (PDF). Un.org. Retrieved 2012-05-29. This article incorporates text from this source, which is in the public domain.
- ^ "United Nations Treaty Series No. 8809, Agreement relating to the implementation of the Manila Accord" (PDF). Un.org. Retrieved 2012-05-29.
- ^ "General Assembly 15th Session – The Trusteeship System and Non-Self-Governing Territories (pages: 509 – 510)" (PDF). Archived from the original (PDF) on March 20, 2012.
- ^ "General Assembly 18th Session – the Question of Malaysia (pages: 41 – 44)" (PDF). Archived from the original (PDF) on October 29, 2013.
- ^ "United Nations list of Trust and Non-Self-Governing Territories, North Borneo and Sarawak". Un.org. Retrieved 2012-03-04.
- ^ "United Nations Member States". Un.org. Retrieved 2012-03-04.
- ^ Behice Ozlem Gokakin, MS Thesis, Bilkent Univ., 2001 p.36, Vassiliou (the Council of Europe, 30.01.1990; to the question of Keith Speed (Member of the UK Parliament)): "the Turkish Cypriot and Greek Cypriot communities are political equals."
- ^ Nathalie Tocci; Tamara Kovziridze. "Cyprus"(PDF). Archived from the original (PDF) on 2011-03-02. Retrieved 2017-03-05. p.14: In July 1989, UN SG Perez de Cuellar stated "Cyprus is a common home for the Greek and Turkish communities, whose relationship would be not of majority and minority but rather of political equality"
- ^ James R. Crawford, "The Creation of States in International Law", 2007. doi: 10.1093/acprof:oso/9780199228423.001.0001
- ^ Michael Stephen, 1997, The Cyprus Question. The case of Cyprus is sui generis, for there is no other State in the world which came into being as a result of two politically equal peoples coming together by the exercise by each of its sovereign right of self-determination, to create a unique legal relationship, which was in turn guaranteed by international treaty, to which each of them consented. From its very inception the Republic of Cyprus was never a unitary state in which there is only one electorate with a majority and minority. The two communities were political equals and each existed as a political entity.
- ^ Saltzman and Evinch and Perles Law Firm The Republic of Cyprus was founded in 1960 as a bicommunal state in which the Greek Cypriot and Turkish Cypriot communities had the status of co-founders and equal partners.
- ^ Ethnic Cleansing and the European Union, p. 12
- ^ "BBC Timeline: Cyprus, accessed 2-26-2008". BBC News. 2011-12-13. Retrieved 2012-03-04.
- ^ Prof. Elihu Lauterracht, B.E., Q.C.,1990, The Right of Self-Determination of the Turkish Cypriots. There appears to be nothing on the face of that language taken by itself, to suggest that there is any inequality of status between the parties or that either of them is doing anything other than further exercising its right of self-determination by participating in the settlement negotiations.
- ^ Self-Determination and Secession in International Law Christian Walter, Antje Von Ungern-Sternberg, Kavus Abushov, Oxford University Press, 2014, p.64
- ^ Impediments to Peacekeeping: The Case of Cyprus Stefan Talmon, p.58-59., in "International Peacekeeping: The Yearbook of International Peace Operations", Vol.8, 2002. Without a status-of-forces agreement (or similar arrangements) between the United Nations and the Government of the TRNC, UNFICYP operates solely within the framework of the laws, rules and regulations of the Turkish Republic of Northern Cyprus which may be altered by the TRNC authorities unilaterally and without prior notice.
- ^ European Court of Human Rights 02.07.2013 Decision A de facto recognition of the acts of the regime in the northern area may be rendered necessary for practical purposes. Thus, the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having a legal basis in domestic law for the purposes of the Convention
- ^ ECtHR's 02.09.2015 Decision"..the court system in the "TRNC", including both civil and criminal courts, reflected the judicial and common-law tradition of Cyprus in its functioning and procedures, and that the "TRNC" courts were thus to be considered as "established by law" with reference to the "constitutional and legal basis" on which they operated...the Court has already found that the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to the "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality...when an act of the "TRNC" authorities was in compliance with laws in force within the territory of northern Cyprus, those acts should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention.."
- ^ "HUDOC - European Court of Human Rights".
- ^ Courthouse News Service Archived 2014-10-22 at the Wayback Machine The news of the Court decision (13.10.2014)
- ^ Justia, Dockets and Filings Page of the Court case (The Defendant: Turkish Republic of Northern Cyprus)
- ^ Justia, Dockets and Filings Decision of the Court
- ^ Telegraph 03.02.2017
- ^ Ambamarblearch Archived 2017-02-05 at the Wayback Machine Media, page 6
- ^ Guy Leblanc. Canada: Parti Québécois convention meets as support for separation wanes Archived 2011-11-28 at the Wayback Machine
- ^ Dominique Clift (1982). Quebec nationalism in crisis. McGill-Queen's Press - MQUP. pp. 106–108. ISBN 978-0-7735-0383-0.
- ^ Carrell, Severin; correspondent, Scotland (23 April 2012). "Scottish independence: the essential guide". the Guardian. Retrieved 10 February 2020.
- ^ "Scottish independence support maintains lead in latest poll". HeraldScotland. Retrieved 10 February 2020.
- ^ Loft, Philip; Dempsey, Noel; Audickas, Lukas (9 August 2019). "Membership of UK political parties - Commons Library briefing - UK Parliament". Researchbriefings.parliament.uk. Retrieved 10 February 2020.
- ^ "Scottish independence referendum: final results in full". the Guardian. Retrieved 10 February 2020.
- ^ "Scotland backs Remain as UK votes Leave". BBC News. Retrieved 10 February 2020.
- ^ "Scotland votes to stay in the EU—but is dragged out by England". The Economist. 24 June 2016. Retrieved 10 February 2020.
- ^ "Boris Johnson says 'No' to Nicola Sturgeon's demand for second Scottish independence referendum". HeraldScotland. Retrieved 10 February 2020.
- ^ a b "Section 235". South African Constitution. 1996. Archived from the original on 2009-09-26. Retrieved 2009-05-17.
- ^ Vespa, Bruno. (2004). Storia d'Italia da Mussolini a Berlusconi : 1943, l'arresto del Duce, 2005, la sfida di Prodi. Andreotti, Giulio. (1st ed.). Roma: Rai-ERI. ISBN 8804534842. OCLC 57184186.
- ^ Professor Predicts 'Hispanic Homeland', Associated Press, 2000 Archived November 7, 2012, at the Wayback Machine
- ^ "Special Committee on Decolonization Calls on United States to Expedite Puerto Rico's Self-determination Process – General Assembly GA/COL/3160 – Department of Public Information – June 14, 2007". Un.org. Retrieved 2012-03-04.
- ^ For complete statistics of these plebiscites, see Elections in Puerto Rico: Results.
- ^ Castillo, Mariano (November 8, 2012). "Puerto Ricans favor statehood for the first time". CNN.
- ^ Middlebury Institute/Zogby Poll: "One in Five Americans Believe States Have the Right to Secede" Archived 2008-08-14 at the Wayback Machine, Zogby International, July 23, 2008.
- ^ Alex Mayer, "Secession: still a popular idea?"Archived 2008-08-04 at archive.today, St. Louis Post-Dispatch, July 25, 2008.
- Rudolf A. Mark, "National Self-Determination, as Understood by Lenin and the Bolsheviks." Lithuanian Historical Studies (2008), Vol. 13, p 21–39. Online[permanent dead link]
- Abulof, Uriel and Cordell, Karl (eds.) (2015). Special Issue: Self-determination—A Double-edged Principle, Ethnopolitics 14(5).
- Danspeckgruber, Wolfgang F., ed. The Self-Determination of Peoples: Community, Nation, and State in an Interdependent World, Boulder: Lynne Rienner Publishers, 2002.
- Danspeckgruber, Wolfgang F., and Arthur Watts, eds. Self-Determination and Self-Administration: A Sourcebook, Boulder: Lynne Rienner Publishers, 1997.
- Allen Buchanan, Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (Oxford Political Theory), Oxford University Press, USA, 2007.
- Annalisa Zinn, Globalization and Self-Determination (Kindle Edition), Taylor & Francis, 2007.
- Marc Weller, Autonomy, Self Governance and Conflict Resolution (Kindle Edition), Taylor & Francis, 2007.
- Valpy Fitzgerald, Frances Stewart, Rajesh Venugopal (Editors), Globalization, Violent Conflict and Self-Determination, Palgrave Macmillan, 2006.
- Joanne Barker (Editor), Sovereignty Matters: Locations of Contestation and Possibility in Indigenous Struggles for Self-Determination, University of Nebraska Press, 2005.
- David Raic, Statehood and the Law of Self-Determination (Developments in International Law, V. 43) (Developments in International Law, V. 43), Springer, 2002.
- Y.N. Kly and D. Kly, In pursuit of The Right to Self-determination, Collected Papers & Proceedings of the First International Conference on the Right to Self-Determination & the United Nations, Geneva 2000, Clarity Press, 2001.
- Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal (Hersch Lauterpacht Memorial Lectures), Cambridge University Press, 1999.
- Percy Lehning, Theories of Secession, Routledge, 1998.
- Hurst Hannum, Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights, University of Pennsylvania Press, 1996.
- Temesgen Muleta-Erena, The political and Cultural Locations of National Self-determination: The Oromia Case, Oromia Quarterly, Vol. II, No. 2, 1999. ISSN 1460-1346.
- Thürer, Daniel, Burri, Thomas. Self-determination, Max Planck Encyclopedia of Public International Law
- The Liechtenstein Institute on Self-Determination, Princeton University
- United Nations General Assembly Resolution 1514(XV). "Declaration on the Granting of Independence to Colonial Countries and Peoples"
- United Nations Charter.
- Text of International Covenant on Civil and Political Rights.
- Text of International Covenant on Economic, Social and Cultural Rights.
- Self Determination in Focus, Foreign Policy In Focus self-determination papers site.
- Andrei Kreptul, The Constitutional Right of Secession in Political Theory and History, Journal of Libertarian Studies, Ludwig von Mises Institute, Volume 17, no. 4 (Fall 2003), pp. 39 – 100.
- Jacob T. Levy, Self-Determination, Non-Domination, and Federalism, published in Hypatia: A Journal of Feminist Philosophy.
- "Winds of Change or Hot Air? Decolonization, Self-determination and the Salt Water Test, " Legal Frontiers International Law Blog
- The Right of Nations to Self-DeterminationVladimir Lenin February – May 1914.
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- Self Determination - International Law and Practise collated and sequenced by Nadesan Satyendra.
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- self determination for Puerto Rico and all Latin American nations
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