Modern law and self-determination

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  • Modern law and self-determination Book Detail

  • Author : Christian Tomuschat
  • Release Date : 1993-09-02
  • Publisher : Martinus Nijhoff Publishers
  • Genre : Law
  • Pages : 368
  • ISBN 13 : 9780792323518
  • File Size : 45,45 MB

Modern law and self-determination by Christian Tomuschat PDF Summary

Book Description: "Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

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