Secession, Succession and Self-Determination Flashcards
What does it mean to secede?
Formally withdraw from membership of a body
What does it mean to cede?
To give up, grant, admit or surrender
What does it mean to succeed?
To follow in order, come next to, ensue, be subsequent or come by inheritance in due order or to office or title or property
Take the place previously filled
What does secession mean?
Retreat of sovereign power from a territory
Such as UK ceding soverign over India, Indonesia over East Timor
What is self-determination in IL?
It might be a right? Might be a concept?
Self-determination identifies the tension between the soverignty of the ceding state who claim to represent the population and those seceding who claim to represent the population
What Article of the UN Charter refers to self-determination and what does it say? What is wrong with this?
Article 1(2)
states that the UN has the purpose of ensuring the “equal rights and self-determination of peoples”
low obligation on states, Ill-defined, no enforcement measures
What Article of the Covenant on Civil and Political Rights mentions self-determination and what does it say?
Article 1, “All peoples have the right to self-determination”
This is good because it’s asserting a right in binding international law
Has the reservation that sovereignty and territorial integrity should be protected
What is the issue with the GA Resolution “Declaration on the Granting of Independence to Colonial Countries and Peoples”
Only recommendatory, not binding
Clause 6 emphasises the importance of sovereign power and territorial integrity, reinforcing colonialism
What is the Helsinki Conference Resolution
Stated that all peoples have the right to self-determination BUT it wouldn’t impinge on sovereign power and territorial integrity
Where did the UN Declaration on the Rights of Indigenous Peoples come from?
Came from the UN Human Rights Council which proposed the text to the General Assembly
What is the issue with the UN Declaration on the Rights of Indigenous Peoples
In Article 46 reaffirms sovereignty and territorial integrity
What did the International Court of Justice decide on self-determination in the East Timor Case?
The the right to self-determination had an erga omnes (applicable to all regardless of consent) character
In regards to self-determination, what is of note of the Supreme Court of Canada 1998 decision?
- Self-determination is a right
- Self-determination is a right to govern yourself, but not necessarily at a sovereign level
- A high level of abuse COULD exist that would justify self-determination at a soverign level (but this isn’t the case in Canada)
What did the ICJ recommend on the Kosovo dilemma in 2010?
the ICJ asked “is the declaration of independence lawful?” and it found that a unilateral declaration of was not lawful because the people making the declaration wasn’t a state
What determines whether the exercise of self-determination will be successful?
- Does the population have common language, race, culture and history?
- Is the population identified with a territory?
- Does the population have a leader in some form?
- Is there a historical grievance?
- Has there been oppression from the dominant state?
- Is there the anticipation of recognition by the international community?
- Will the new state be politically and economically viable?
- Will a new state be disruptive to the international community?
(this isn’t customary international law because it’s not state action)
