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The Concept of Self Determination in International Law - Coursework Example

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The author of this coursework "The Concept of Self Determination in International Law " describes the doctrine of self-determination in history. This paper outlines that the doctrine of self-determination less wide-ranging than might be supposed. This paper demonstrates the rise to internal political recognition…
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The Concept of Self Determination in International Law
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Download file to see previous pages The following discussion demonstrates the validity of this observation.
Helen Quane argues that the right to self-determination implicitly validates the right of certain ethnic groups to reject territorial regimes.4 The theory purportedly protects the rights of minority groups and has the potential to create civil unrest with the result that world order is compromised. In support of her position, Jane cites several incidents of turmoil that resulted from the right of self-determination. In Kosovo and the Balkans, for example, the theory of external self-determination led to conflict and bloodshed.5 Quane argues therefore that principles of self-determination in international law should only be applicable when questions concerning the abuse of human rights arise.6
Malcolm Shaw provides a startling yet realistic possibility created by the doctrine of self-determination. Since the UN Charter recognizes the right of ethnic groups to self-determination there are myriad problems for internal conflict. Shaw points out that there are competing and diverse interest among different ethnic groups in a community and goes on to ask:
“Precisely which groups would be entitled in such situations to claim a share of the territory? The possibilities range from large indigenous groups and ethnic, religious, and language groups to cultural or political groups. How would one tackle in such circumstances the possible claims of groups within groups, such as for the sake of argument, religious groups within language groups in Canada?.... If each group or set of individuals was able to make claims in this area, questions would arise as to how to rank such claims between such groups.”7
Johan, D. Van Der Vyer argues however that there is a distinction to be drawn between the oppression of an ethnic group and national sovereignty under the principle of self-determination.8 Van Der Vyer submits that the intent of the principle of self-determination is not for the redefinition of internal borders in a manner consistent with diversity within a nation.   ...Download file to see next pagesRead More
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