International law and self-determination : the interplay of the politics of territorial possession with formulations of national identity

The principle of self-determination has great pedigree. It is a norm that had at heart, the foundations of the concept of democracy - based on the idea that the consent of the governed alone, could give a government legitimacy. These noble ideas, expressed in the American and French Declarations form the cornerstone to the principle of self-determination. This is the principle that, through changes influenced by various political factors. was primarily responsible for the decolonisation process that has shaped the current international community. Self-determination has been used in equal rhetorical brilliance by a number of great leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with the vested interest of ascendancy to power at the heart of their project. In any case, 'self-determination' has come to mean different things in different contexts.It is this particular issue that this thesis wishes to tackle. Being a vital principle,especially in the context of the post-colonial state, it is one factor that at once,represents a threat to world order, while at the same time holding out the promise of a longer-term peace and security based on values of democracy, equity and justice. This thesis looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-linked discourses: that of minority rights. statehood & sovereignty and the doctrine of uti possidetis which shaped the modern post-colonial state. IN analysing these factors we shall focus specifically on the option of secession from the modern post-colonial state - one of three options stated explicitly by General Assembly Resolution 1514 (XV) as constituting the act of self-determination.These norms are then sought to be analysed further within two case studies. The first of these looks briefly at the situation concerning the creation of Bangladesh - a case of self-determination achieved. The second case study, much more complex in itself, looks at the situation concerning the Western Sahara where self-determination (whatever its manifestation) is yet to be expressed. In the course of this latter case study we shall seek to highlight the problematic nature of 'national identity' and the 'self in settings far removed from post-Westphalian Europe from where these norms originate, and which remain so integral to the modern discourse of international law

MEĐUNARODNI I PRAVNI ASPEKTI DRŽAVLJANSTVA NA TEMELJU ANALIZE ZAKONODAVSTVA U KAZAHSTANU I VELIKOJ BRITANIJI

The purpose of this article is to examine the international legal aspects of citizenship on the basis of the laws of Kazakhstan and the United Kingdom analysis. For this, the author used general theoretical and specific scientific investigation methods. As a result of the analysis, the author claims that the legal regulation of citizenship is carried out by each state independently. The legal regulation of citizenship is directly related to the migration of people, which has intensified in recent years in connection with armed conflicts and economic decline in some countries. The legal regulation of citizenship must correctly reflect the migration processes in order to prevent negative consequences for both the state and the individual in it. It has been revealed and justified that the legislation on the citizenship of Kazakhstan and the UK provides for a number of requirements for obtaining citizenship. There are two main ways to obtain citizenship: by birth or by naturalization. Based on the analysis, the author concluded that the legislation on the citizenship of Kazakhstan and the UK stipulates that citizenship is acquired and terminated by a specially prescribed legal procedure by the competent government authorities. Based on the analysis of Kazakhstan legislation, it was concluded that the methods of obtaining Kazakhstan\u27s citizenship are: 1) by birth; 2) as a result of naturalization; 3) on the basis of interstate contracts of Kazakhstan; 4) on the grounds provided by the Law of Kazakhstan "On Citizenship". There are also ways to obtain UK citizenship under the British Nationality Act of 1981: 1) by birth; 2) by origin; 3) by naturalization; 4) by registration. Also, on the basis of a scientific approach to the issue of citizenship and its role in the existence of the state, the author concluded that bipatrism (multiple citizenship) adversely affects the state and carries a large risk to the state, including the loss of independence and sovereignty.Svrha ovog članka je ispitati međunarodne pravne aspekte državljanstva na temelju zakona Kazahstana i Ujedinjenog Kraljevstva. Autori su koristili opće teorijske i specifične znanstvene istraživačke metode. Kao rezultat analize, autor tvrdi da svaka država neovisno provodi zakonsku regulaciju državljanstva. Pravno uređenje državljanstva izravno je povezano s migracijom ljudi, što je posljednjih godina pojačano zbog oružanih sukoba i gospodarskog pada u nekim zemljama. Pravna regulacija državljanstva mora ispravno odražavati migracijske procese kako bi se spriječile negativne posljedice i za državu i za pojedinca u njoj. Dokazano je i opravdano da zakonodavstvo o državljanstvu Kazahstana i Ujedinjenog Kraljevstva osigurava niz zahtjeva za stjecanje državljanstva. Postoje dva glavna načina za dobivanje državljanstva: rođenjem ili naturalizacijom. Na temelju analize, autor je zaključio da zakonodavstvo o državljanstvu Kazahstana i Ujedinjenog Kraljevstva propisuje da se državljanstvo stječe i prestaje posebno propisanim pravnim postupkom od strane nadležnih državnih tijela. Na temelju analize kazahstanskog zakonodavstva zaključeno je da su metode dobivanja državljanstva Kazahstana: 1) rođenjem; 2) kao rezultat naturalizacije; 3) na temelju međudržavnih ugovora u Kazahstanu; 4) temeljem Zakona Kazahstana "o državljanstvu". Postoje i načini za dobivanje državljanstva u Velikoj Britaniji prema Zakonu o državljanstvu iz 1981. godine: 1) rođenjem; 2) po podrijetlu; 3) naturalizacijom; 4) registracijom. Također, na temelju znanstvenog pristupa pitanju državljanstva i njegove uloge u postojanju države, autor je zaključio da bipatrizam (višestruko državljanstvo) nepovoljno utječe na državu i nosi veliki rizik za državu, uključujući gubitak neovisnosti i suvereniteta

Colonial Crime, Environmental Destruction and Indigenous Peoples: A Roadmap to Accountability and Protection

The contemporary climate emergency is directly traceable to colonial activities commenced on indigenous territories, continued under postcolonial regimes, with the active support (material and logistic) of the former colonial powers. These practices stimulated demand for ‘products’, treated territories as resource hotbeds, and ignored the human rights of indigenous peoples who were treated as objects rather than subjects of law, and resulted in the systematic destruction of habitats hastening the breach of planetary boundaries. [...

Modelling equality in the midst of religious diversity: lessons from beyond Europe? Religions, 12 (11) , e923. ISSN 2077-1444

The extent to which global legal systems are generated by, derived from, and adhere to European values is so widespread that it has become trite to present such an observation in conclusion to a series of high-quality essays as contained in this Special Issue [...

Sustainable Development and Social Inclusion: Why a Changed Approach Is Central to Combating Vulnerability

The United Declaration of Human Rights established the fundamental basis of international human rights law, Unfortunately, the over emphasis on civil and political rights within this agenda restricted greater engagement with questions concerning development. The focus on individual rights and antagonistic relations between states has led to a human rights practice that fails to achieve social inclusion for many and allows vulnerable groups io fall by the wayside. Equally unfortunately, the practice has too often focused on international level actors such as states and other entities, thus failing to take notice of national level policies and initiatives that do help bridge the gap between human rights aspirations and the actual protection of the weak and vulnerable. This article reviews some of the fundamental failings of business as usual in human rights practice and hypothesizes where those failings, if left unchecked, will lead in the post-2015 world. Finally, it identifies pathways away from the current model and towards sustainable development, highlighting policies from diverse jurisdictions that have been effective in protecting the vulnerable and that may be worthy of emulation at a global level

Pilot Project Central Asia: Assessing Impact of the Diploma in Human Rights Programme

The ‘Pilot Project in Central Asia for the Human Rights Defenders’ Diploma Programme’ has sought both to strengthen substantive human rights knowledge and support a regional network among human rights defenders from Uzbekistan, Kyrgyzstan and Kazakhstan. The pilot project provides a potential model for developing a multi-regional approach for the support of the practice and education of human rights defenders (HRDs).The project was carried out by the Human Rights and Social Justice Research Institute (HRSJ) at London Metropolitan University, the Law Department of Middlesex University, and the UK All Party Parliamentary Human Rights Group (PHRG).1 The project was funded by the British Foreign and Commonwealth Office, and the HRSJ Institute was the implementer of the project.We have had the privilege to work over the course of the last ten months with a diverse and dedicated group of human rights defenders (HRDs) from Uzbekistan, Kyrgyzstan and Kazakhstan. This report reflects on that journey and has three aims. The first aim of this report is to describe activities carried out during the ‘Monitoring and Evaluation’ visit to Kyrgyzstan and Kazakhstan from February 19th – 25th, 2010, which was conducted as a final component of the ‘Pilot Project in Central Asia for the Human Rights Defenders’ Diploma Programme.’ The second aim of this report is to assess achievements made during the course of the project, and in particular, how the project was able to support the human rights defenders involved in the project. The third aim of this report is to set realistic goals for our further engagement in the Central Asia region, and to consider the broader aims of the Programme, based on our experiences in the Central Asia region

International Law and Power: A Theoretical Perspective on Statehood and Self-Determination

The purpose of the present thesis is to investigate the foundations for statehood and self-determination—two seminal points of international law—through the concept of discourse and its notion of power. The starting point is that language and representations of reality are not merely ‘objective’ depictions, but in fact shaped by the practices that convey the representations. This constitutes the theoretical framework, inspired by Michel Foucault, with a focus on the intricate connections between power and knowledge. To this an investigation of statehood and self-determination is applied, and the result is that the narrative of international law can be seen as influenced by discourse, with structural bias giving primacy to statehood and thus posing obstacles for a development towards greater diversity