Stratifications

Higgins, Aidan; Trevor, William; Behan, Brendan; MacLaverty, Bernard

doi:10.2307/20625101

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“…However, as the recent example of Crimea demonstrates, the right to self-determination is prone to abuse of becoming 'all things to all men' . 104 This article has examined the exercise of self-determination outside the decolonisation context in the light of developments of human rights law and the universalisation of democracy following the end of the Cold War. It has deconstructed the right to selfdetermination and its links to democratic governance.…”

Section: Resultsmentioning

confidence: 99%

Self-determination in International Law: A Democratic Phenomenon or an Abuse of Right?

Lanovoy¹

2015

CILJ

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In recent years, the right to self-determination has been prone to abuse because of the uncertainties as to its proper operation outside the decolonisation context. This article revisits the content and role of self-determination in light of the recent assertions of this right, with particular reference to Kosovo and Crimea. It examines different facets of this right, and whether it holds an intrinsic link to a democratic form of government. The right to self-determination encompasses the right of a people to choose freely their own political system and to pursue their own economic, social, and cultural development. However, states have no duty in positive international law to introduce or maintain a democratic form of government as a requirement for the realisation of the right to self-determination. Moreover, democracy, construed narrowly as the majority rule of an electoral process, is not a guarantee of the realisation of the right to self-determination. This article will test the extent to which democracy and the development of human rights law have impacted upon the content, limitations and exercise of the right to self-determination.

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Section: Resultsmentioning

confidence: 99%

Self-determination in International Law: A Democratic Phenomenon or an Abuse of Right?

Lanovoy¹

2015

CILJ

View full text Add to dashboard Cite

show abstract

Stratifications

Cited by 1 publication

References 0 publications

Self-determination in International Law: A Democratic Phenomenon or an Abuse of Right?

Self-determination in International Law: A Democratic Phenomenon or an Abuse of Right?

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