International Law and Self-Determination: The Interplay of the Politics of Territorial Possession With Formulations of Post-Colonial National IdentityThe principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. 'Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, 'self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where 'self-determination' was achieved. The second, examines the situation in the Western Sahara where 'self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of 'national identity' and the 'self' in settings far removed from post-Westphalian Europe. |
Contents
INTRODUCTION | 1 |
THE HISTORY OF THE NORM OF SELFDETERMINATION | 7 |
4 | 58 |
5 | 69 |
3 | 75 |
2 | 88 |
IN THE CREATION OF MODERN NATIONAL IDENTITY | 109 |
3 | 121 |
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Common terms and phrases
1970 Declaration Africa Algeria Arabic argument Article Bangladesh Berber Bilad Shinguitti boundaries claim colonial powers concept concerned context Court culture decolonisation despite determination discussed in Chapter doctrine of uti East Pakistan entity ethnic examine existed factors force Franck frontiers GAOR Gellner genocide Green March groups Human Rights Ibid ICJ Reports 1975 idea identity independence Indian interesting international community international law issue jus cogens Maghreb makhzen Mauritania mination minority rights MINURSO modern Montevideo Convention Moroccan Morocco national liberation movements nomadic nonetheless norm of self-determination op.cit organisation Pakistan parties peace and security Polisario political principle problem question Ratner recognised referendum region Republic Resolution right to self-determination rule Saharawi secession Secretary-General Security Council self-deter separatist Settlement Plan Sherifian situation sovereign sovereignty Spain statehood suggests Sultan Tekna terra nullius territorial integrity Thornberry threat Tindouf Treaty tribal tribes UN Charter United Nations uti possidetis Western Sahara Wilsonian