The Right of Self-Determination: Its Emergence, Development, and Controversy
DOI:
https://doi.org/10.31078/jk1211Keywords:
Self-determination, the right of self-determination, secessionAbstract
This paper discusses the right of self-determinationfrom international law and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.
References
Antonello Tancredi, 2006, A Normative ‘Due Process’ in the Creation of States through Secession, in Marcelo G. Kohen (ed.), Secession: International Law Perspectives, Cambridge: Cambridge University Press.
Antonio Cassese, 1995, Self-Determination of Peoples: A Legal Reappraisal, Cambridge: Cambridge University Press.
Blay, S. Kwaw Nyameke, 1985, “Changing African Perspectives on the Right of Self-Determination in the Wake of the Banjul Charter on Human and Peoples’ Rights”, Journal of African Law, Vol. 29, No. 147.
Charles Tilly, 1993, “National Self-Determination as a Problem for All of Us”, Daedalus, Vol. 122, No. 3, Summer.
Christine Griffione, 2010, Self-Determination as a Human Right: The Emergency Exit of Remedial Secession, Utrecht: Science Shop of Law, Economics and Governance, Utrecht University.
Dinah Shelton, 2011, “Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon”, American Journal of International Law, Vol. 105, No. 1, January.
Edward Aspinall and Mark T.Berger, 2001, “The Break-Up Indonesia? Nationalism after the Decolonisation and the Limit of the Nation-State in Post-Cold War Southeast Asia”, Third World Quarterly, Volume 22, No. 6.
Glen Anderson, 2013, “Secession in International Law and Relations: What Are We Talking About?”,Loyola of Los Angeles International and Comparative Law Review, Vol. 35, Issue 3.
Heribert Franz Koeck, Horn, Daniela, and Franz Leidenmuehler, 2009, From Protectorate to Statehood: Self-Determination v. Territorial Integrity in the Case of Kosovo and the Position of the European Union, NWV: Vienna, Graz.
Jan Klabbers, 2006, “The Right to be Taken Seriously: Self-Determination in International Law”, Human Rights Quarterly, Vol. 28, No. 1, February.
Helen Quane, 1998, “The United Nations and the Evolving Right to Self- Determination”, International and Comparative Law Quarterly, Vol. 47, Issue 03, July.
John Dugard, 2013, The Secession of States and Their Recognition in the Wake of Kosovo, The Hague: Hague Academy of International Law.
Joshua Castellino, 2000, International Law and Self-Determination: The Interplay of the Politics of Territorial Possession with Formulations of Post-Colonial ‘National’ Identity, The Hague: MartinusNijhoff Publishers.
Malcolm D. Evans, 2013, Blackstone’s International law Documents 11th Edition, Oxford: Oxford University Press.
Marc Weller, 2009, “Settling Self-Determination Conflicts: Recent Developments”, The European Journal of International Law, Vol. 20, No. 1.
Marcelo G. Kohen, 2006, Secession: International Law Perspectives, Cambridge: Cambridge University Press.
Matthew Saul, 2011, “The Normative Status of Self-Determination in International law: A Formula for Uncertainty in the Scope and Content of the Right”, Human Rights Law Review, Vol. 11 No. 4.
Michael K. Addo, 1988, “Political Self Determination within the Context of the African Charter on Human and Peoples’ Rights”, Journal of African Law, Vol. 32, No. 182.
Milena Sterio, 2013, The Right to Self-Determination under International Law: “Selfistans,”Secession, and the Rule of the Great Powers, Oxon, New York: Routledge.
Neil J. Melvin, 2007, “Conflict in Southern Thailand. Islamism, Violence and the State in the Patani Insurgency”, SIPRI Policy Paper No. 20 (Sweden: SIPRI Institute).
Richard Falk, 2011, “The Kosovo Advisory Opinion: Conflict Resolution and Precedent”, The American Journal of International Law, Vol. 105, No. 1, January.
S. Eban Ebai, 2009, “The Right to Self-Determination and the Anglophone Cameroon Situation”, The International Journal of Human Rights, Vol. 13 No. 5.
Sandy Ghandhi, 2012, Blackstone’s International Human Rights Documents, 8th Edition, Oxford: Oxford University Press.
Simone van den Driest, 2009, Pro-Democratic Regime Change and the Right to Political Self-Determination: A Case Study of Iraq, Nijmegen, The Netherlands: Wolf Legal Publishers.
Stanley W. Page, 1950, “Lenin and Self-Determination”, The Slavonic and East European Review, Vol. 28, No. 71, April.
Thomas D. Musgrave, 1997, Self-Determination and National Minorities, Oxford: Clarendon Press.
Wade Mansell and Karen Openshaw, 2013, International Law: A Critical Introduction, Oxford and Portland, Oregon: Hart Publishing.
Antonio Cassese, 1995, Self-Determination of Peoples: A Legal Reappraisal, Cambridge: Cambridge University Press.
Blay, S. Kwaw Nyameke, 1985, “Changing African Perspectives on the Right of Self-Determination in the Wake of the Banjul Charter on Human and Peoples’ Rights”, Journal of African Law, Vol. 29, No. 147.
Charles Tilly, 1993, “National Self-Determination as a Problem for All of Us”, Daedalus, Vol. 122, No. 3, Summer.
Christine Griffione, 2010, Self-Determination as a Human Right: The Emergency Exit of Remedial Secession, Utrecht: Science Shop of Law, Economics and Governance, Utrecht University.
Dinah Shelton, 2011, “Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon”, American Journal of International Law, Vol. 105, No. 1, January.
Edward Aspinall and Mark T.Berger, 2001, “The Break-Up Indonesia? Nationalism after the Decolonisation and the Limit of the Nation-State in Post-Cold War Southeast Asia”, Third World Quarterly, Volume 22, No. 6.
Glen Anderson, 2013, “Secession in International Law and Relations: What Are We Talking About?”,Loyola of Los Angeles International and Comparative Law Review, Vol. 35, Issue 3.
Heribert Franz Koeck, Horn, Daniela, and Franz Leidenmuehler, 2009, From Protectorate to Statehood: Self-Determination v. Territorial Integrity in the Case of Kosovo and the Position of the European Union, NWV: Vienna, Graz.
Jan Klabbers, 2006, “The Right to be Taken Seriously: Self-Determination in International Law”, Human Rights Quarterly, Vol. 28, No. 1, February.
Helen Quane, 1998, “The United Nations and the Evolving Right to Self- Determination”, International and Comparative Law Quarterly, Vol. 47, Issue 03, July.
John Dugard, 2013, The Secession of States and Their Recognition in the Wake of Kosovo, The Hague: Hague Academy of International Law.
Joshua Castellino, 2000, International Law and Self-Determination: The Interplay of the Politics of Territorial Possession with Formulations of Post-Colonial ‘National’ Identity, The Hague: MartinusNijhoff Publishers.
Malcolm D. Evans, 2013, Blackstone’s International law Documents 11th Edition, Oxford: Oxford University Press.
Marc Weller, 2009, “Settling Self-Determination Conflicts: Recent Developments”, The European Journal of International Law, Vol. 20, No. 1.
Marcelo G. Kohen, 2006, Secession: International Law Perspectives, Cambridge: Cambridge University Press.
Matthew Saul, 2011, “The Normative Status of Self-Determination in International law: A Formula for Uncertainty in the Scope and Content of the Right”, Human Rights Law Review, Vol. 11 No. 4.
Michael K. Addo, 1988, “Political Self Determination within the Context of the African Charter on Human and Peoples’ Rights”, Journal of African Law, Vol. 32, No. 182.
Milena Sterio, 2013, The Right to Self-Determination under International Law: “Selfistans,”Secession, and the Rule of the Great Powers, Oxon, New York: Routledge.
Neil J. Melvin, 2007, “Conflict in Southern Thailand. Islamism, Violence and the State in the Patani Insurgency”, SIPRI Policy Paper No. 20 (Sweden: SIPRI Institute).
Richard Falk, 2011, “The Kosovo Advisory Opinion: Conflict Resolution and Precedent”, The American Journal of International Law, Vol. 105, No. 1, January.
S. Eban Ebai, 2009, “The Right to Self-Determination and the Anglophone Cameroon Situation”, The International Journal of Human Rights, Vol. 13 No. 5.
Sandy Ghandhi, 2012, Blackstone’s International Human Rights Documents, 8th Edition, Oxford: Oxford University Press.
Simone van den Driest, 2009, Pro-Democratic Regime Change and the Right to Political Self-Determination: A Case Study of Iraq, Nijmegen, The Netherlands: Wolf Legal Publishers.
Stanley W. Page, 1950, “Lenin and Self-Determination”, The Slavonic and East European Review, Vol. 28, No. 71, April.
Thomas D. Musgrave, 1997, Self-Determination and National Minorities, Oxford: Clarendon Press.
Wade Mansell and Karen Openshaw, 2013, International Law: A Critical Introduction, Oxford and Portland, Oregon: Hart Publishing.
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Published
2016-05-20
How to Cite
Manan, Munafrizal. 2016. “The Right of Self-Determination: Its Emergence, Development, and Controversy”. Jurnal Konstitusi 12 (1):1-20. https://doi.org/10.31078/jk1211.
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