FOR THEY HAVE SOWN NON-DOMINATION ... TOWARDS A REPUBLICAN ACCOUNT OF SELF-DETERMINATION

被引:1
作者
Rochel, Johan [1 ]
机构
[1] Univ Zurich, Fac Law, Zurich, Switzerland
来源
EUROPEAN JOURNAL OF LEGAL STUDIES | 2020年 / 12卷 / 02期
关键词
self-determination; UN Charter; political philosophy; international law theory; republicanism; HUMAN-RIGHTS; POLITICS; JUSTICE; LAW;
D O I
10.2924/EJLS.2019.024
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The general objective of this article is to reconstruct the principle of selfdetermination from a republican perspective. Based on a definition of freedom as non-domination, this republican conception offers a consistent reconstruction of the International Court of Justice (ICJ) approach, including the 2019 Chagos Opinion. It also explains the different functions fulfilled by self-determination in international law: a structuring function and an aspirational one. These functions are linked to different bodies of international law relating to self-determination, mainly the law of states and human rights law. In addition to this descriptive dimension, I claim that the republican conception is able to lay down a promising path for rethinking the links with the international regimes of secession and minority protection. Overall, the article proposes a renewed interpretation of selfdetermination which is able to make sense of this key principle of international law beyond the Chagos Opinion and its focus on decolonization.
引用
收藏
页码:359 / 394
页数:36
相关论文
共 84 条
  • [1] Anaya JamesS., 2004, Indigenous Peoples in International Law, V2nd
  • [2] [Anonymous], 2013, RIGHT SELF DETERMINA
  • [3] [Anonymous], 2010, M PLANCK ENCY PUBLIC
  • [4] [Anonymous], 1996, 50 TEARS INT COURT J
  • [5] [Anonymous], 2004, MINORITIES MINORITIE
  • [6] [Anonymous], 1997, CONSTELLATIONS
  • [7] [Anonymous], 2009, MAKING DECLARATION W
  • [8] [Anonymous], 1995, LAW INTERPRETATION E
  • [9] [Anonymous], 2010, MODELS AUTONOMY CASE
  • [10] [Anonymous], 2006, SECESSION INT LAW PE