Self-Determination in International Mediation: Some Preliminary Reflections

Few concepts have generated as much discussion in the post-war international legal system as that of “self-determination.” Scholars debate the proper identity of the selves endowed with this right, its boundaries, and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components, and is noticeably different in the private and public sectors. The generic concept of self-determination relates to ideas of democratic governance and the Enlightenment belief that legitimate government depends upon the consent of the governed. As adapted to private mediation theory, the right of self-determination allows parties to participate in decision making and voluntarily decide the outcome of their disputes. This understanding of self-determination is rooted in the philosophical principle of personal autonomy and is expressed through the legal doctrine of informed consent. The simple version of the normative story states that those who are affected by a dispute should voluntarily consent to the outcome of that dispute. In short, party self-determination in mediation gives ownership of the conflict to the disputants

Indigenous constitutional recognition from the point of view of self-determination and its exercise through democratic participation

INTRODUCTION: This paper is on Indigenous peoples’ right to self-determination and its exercise through democratic participation. First, I will expound on why the right to self-determination—as configured in international law, translated by many states and adopted by Indigenous communities—enhances liberal democratic governance. Then I will provide a cursory glance at the many and varied ways in which Western and non-Western liberal democracies have made efforts to accommodate Indigenous peoples in their public institutions. THE RIGHT TO SELF-DETERMINATION The normative principle of the right to self-determination has been adopted as the legal right underpinning Indigenous polities’ human rights worldwide. Within the framework of liberal democratic governance, the right to self-determination is the gold standard for virtually all countries with Indigenous populations—except for Australia

Māori education and principles of self-determination in the twenty-first century.

This paper argues that self-determination to the greatest extent possible is a legitimate aspiration for Maori people. It is argued that in education this requires a philosophical and policy response more focused on Maori autonomy than can be provided within the bicultural framework that has lately informed Maori relationships with other actors in the education arena. The paper considers the place of kohanga reo, kura kaupapa Maori and wananga in relation to broader Maori aspirations for self-determination and discusses proposals that these aspirations be furthered through the establishment of a Maori Education Authority. It is also argued that opportunities for self-determination in New Zealand are compromised by the government's unwillingness to alter a tightly controlled centralised education market to provide genuine Māori autonomy over what type of education might be available and to what end

The Legal Status of Gibraltar: Whose Rock is it Anyway?

This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should no longer represent Gibraltar in negotiations with Spain. This Note concludes that, in accord with Resolution 1514, Gibraltar has the right to self-determination, and the Spanish claim to territorial integrity does not supersede this right

Encouraging password manager adoption by meeting adopter self-determination needs

Password managers are a potential solution to the password conundrum, but adoption is paltry. We investigated the impact of a recommender application that harnessed the tenets of self-determination theory to encourage adoption of password managers. This theory argues that meeting a person's autonomy, relatedness and competence needs will make them more likely to act. To test the power of meeting these needs, we conducted a factorial experiment, in the wild. We satisfied each of the three self determination factors, and all individual combinations thereof, and observed short-term adoption of password managers. The Android recommender application was used by 470 participants, who were randomly assigned to one of the experimental or control conditions. Our analysis revealed that when all self-determination factors were satisfied, adoption was highest, while meeting only the autonomy or relatedness needs individually significantly improved the likelihood of adoption

A Sense Of Their Own Power : Self-Determination in Recent Writings on Black Virginians

Discusses historical visibility of African American Virginians from 1619 to the present in relation to the concept of self-determination and power

The Legal Status of Gibraltar: Whose Rock is it Anyway?

This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should no longer represent Gibraltar in negotiations with Spain. This Note concludes that, in accord with Resolution 1514, Gibraltar has the right to self-determination, and the Spanish claim to territorial integrity does not supersede this right

Self Determination Right Bagi Aceh: HAM Versus Integritas Wilayah Negara Kesatuan Republik Indonesia

Basically, GAM has the basic right demanding the manifestation of self determination for separating to Indonesia. It is based on the unjustice and suffering of Acehnese during the New Order Regime. However, some determination should be discussed intensively inresponding the Acehnese self determination, such as it must be considered the consequences and the ability of Acehnese on keeping their community survival and interaction to International community if the separation to Indonesia is permissible

Exploring Student, Family, and School Predictors of Self-Determination Using NLTS2 Data

This study conducted secondary analysis of data from the National Longitudinal Transition Study-2 (NLTS2) to examine the degree to which student, family, and school constructs predicted self-determination outcomes. Multi-group structural equation modeling was used to examine predictive relationships between 5 student, 4 family, and 7 school constructs developed from NLTS2 data and self-determination outcomes (autonomy, psychological empowerment, and self-realization) across disability groups. The pattern of predictive relationship between the constructs and self-determination outcomes across disability groups was complex. Only one construct—self-concept—showed a positive predictive relationship with all three self-determination constructs across most disability groups. Implications of the complex pattern of findings for research and practice are discussed

Understanding workaholics' motivations: a self-determination perspective

In order to explain the diverging well-being outcomes of workaholism, this study aimed to examine the motivational orientations that may fuel the two main components of workaholism (i.e. working excessively and working compulsively). Drawing on Self-Determination Theory, both autonomous and controlled motivation were suggested to drive excessive work, which therefore was expected to relate positively to both well-being (i.e. vigor) and ill-health (i.e. exhaustion). Compulsive work, in contrast, was hypothesized to originate exclusively out of controlled motivation and therefore to only associate positively with ill-being. Structural equation modeling in a heterogeneous sample of Belgian white-collar workers (N=370) confirmed that autonomous motivation associated positively with excessive work, which then related positively to vigor. Controlled motivation correlated positively with compulsive work, which therefore related positively with exhaustion. The hypothesized path from controlled motivation to exhaustion through excessive work was not corroborated. In general, the findings suggest that primarily compulsive work yields associations with ill-being, since it may stem from a qualitatively inferior type of motivation