Self Determination Flashcards
What is Self Determination?
-right of people to govern themselves
What is Internal Self-Determination?
- a people’s pursuit of its political, economic, social and cultural development w/in the framework of an existing state.
What is external Self-Determination and when is it allowed?
Establishment of a sovereign and independent state, the free association or integration w/ an independent state or the emergence into any other political status freely determined by a people and not in the framework of the state. Ex. Succession.
oOnly allowed in extreme circumstances: colonial rule, foreign invasion, situation where there is exploitation by a gov.
Quebec Secession Case
Facts: •Quebec wants to secede from Canada unilaterally and asks the court for an advisory opinion
Issue: •Does Int. law give the legislature the right to effect the succession of Quebec unilaterally? Is there a right to self-determination?
Rule: Quebec not able to unilaterally secede because not under the 3 extreme circumstances. (they were represented in gov. and had equal rights to all other Canadians)
QUOTE:• People have the right to self determination but this shall not be construed as authorizing or encouraging any action that would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent states conducting themselves in compliance with the principle of equal rights and self-determination of peoples and thus possessed of a government representing the whole people belonging to the territory without distinction of any kind.
What is the effectivity Principle and what case tried to use it?
Court says international law does not permit or prohibit unilateral succession. Canada tries to use this in Quebec Secession case. They failed.
