本篇paper代写- Right to self-determination under international law讨论了国际法中的自决权。自决权是一项重要的权利，它既是由国际公约规定的权利，又是一项一般的法律原则。自决权在国际法上拥有重要地位，而且在现代政治发展、国际秩序形成的过程中发挥了重要作用。自决权不仅使二战之后亚、非国家的独立运动获得了合法性基础，而且为保障国家主权独立自主，甚至为保障人权发挥了重要作用。本篇paper代写由51due代写平台整理，供大家参考阅读。
The right to self-determination, as an important right, is both a right under international conventions and a general legal principle. The right to self-determination can be divided into two levels. The first level is the right of national self-determination of a country. They can only seek the right to self-determination at the second level if they cannot realize the right to self-determination at the first level when certain regions and nationalities are excluded from the first level. The article argues that the right to self-determination should be limited in content, conditions and methods and should not be used as a justification for the separation of states and sovereignty.
The right to self-determination plays an important role in international law and in the process of modern political development and the formation of international order. The right to self-determination not only provided a basis for the post-world war ii independence movement in Asia and Africa, but also played an important role in safeguarding national sovereignty, independence and even human rights. Does the right to self-determination still have room in today's colonial world? Or did it become history as the colony disappeared and completed its mission? Now, more and more single peoples claim that they can achieve independence through the right to self-determination. The question of the right to self-determination deserves consideration.
Article 38 of the statute of the international court of justice lists five sources of international law and divides them into formal sources and auxiliary sources. Formal sources include: establishment of rules and regulations for the states parties to the proceedings, whether ordinary or special international agreements; International customs, accepted as law as the evidence of general practice; General legal principles recognized by civilized nations. The ancillary sources are judicial precedents and the doctrine of the most authoritative public jurist in all countries. These five sources of international law are widely recognized.
Although general assembly resolutions are not binding, they are binding once they constitute customary international law or general legal principles. In the resolution on the right to self-determination, the declaration on the principles of international law concerning friendly relations and cooperation among states in accordance with the charter of the United Nations is noteworthy. The adoption of the declaration by the general assembly would at least indicate recognition by the civilized countries, and the author therefore believes that the principles of international law contained in the declaration are those "generally recognized by civilized countries" in article 38 of the statute of the international court of justice. Therefore, the right to self-determination is a general legal principle.
In summary, the right to self-determination is both a right under the convention and a general legal principle in international law.
Traditional international law holds that the subject of international law is the state, the national or national liberation movement organization, and the international organization. In some cases, individuals are also the subject of international law, which is a popular view of contemporary international law. Who is the subject of the right to self-determination as a principle of convention and general law? The author thinks that the text of the convention should be interpreted and analyzed.
The purpose of articles 1 and 55 of the charter of the United Nations is to create a peaceful and friendly international relationship based on respect for the principle of the equal rights of peoples and the right to self-determination, which is naturally a friendly relationship between states. The charter of the United Nations divides the right of self-determination of states into two aspects. On the one hand, the charter affirms the right of states to self-determination, that is, the right to self-determination, self-administration of domestic affairs, and exercise of full sovereignty. On the other hand, the charter requires other countries to respect the right of one country to self-determination and not to interfere in other countries' internal affairs. The charter stipulates that the right to self-determination is both the right to affirm the right of one country to self-determination and the right to exercise the obligation to respect the right of one country to self-determination.
The international covenant on economic, social and cultural rights and the international covenant on civil and political rights clearly define the right to self-determination in exactly the same terms, but the expression is not clear about the subject of the right to self-determination. The two conventions use "all peoples" as the subject. Different interpretations of "people" are different interpretations of the subject of self-determination. "People" can refer to a country's citizens and people. In a democratic country, a national is the sovereign of the state, so the word "people" is sometimes used in criminal cases to represent the state in prosecuting the accused. In this sense, the right of national self-determination under the two human rights conventions is the right of sovereign states to self-determination. Therefore, the state is the subject of the right to self-determination.
The subject of self-determination to which articles 1 and 55 of the charter of the United Nations apply is a state, obviously excluding a national, and a national is not a subject under traditional national law, nor is it an individual; hence, it is questionable whether a national is a subject of self-determination under international law. However, from the perspective of the international covenant on economic, social and cultural rights and the international covenant on civil and political rights, nationals can become the subject of the right to self-determination.
As mentioned above, "people" in the two human rights conventions can refer to the nationals, which can be understood as the right of sovereign states to self-determination from one level, while the right of sovereign states to self-determination still belongs to the level of national self-determination, that is, to exercise sovereignty internally, to remain independent without external interference. The right to self-determination of nationals in this paragraph is not a state level, but in terms of the organizational structure within the state, or the sovereign itself. Is the international covenant on economic, social and cultural rights and the international covenant on civil and political rights, the purpose is to protect human rights, so the convention is concluded by the state, to constraint state behavior, requires countries to take action to protect human rights, but these rights bearer is a person, namely two convention on human rights through the act of contracting, awarded to the parties to the rights stipulated in the national convention. Since the convention grants a nation the rights it needs to protect, in both cases, a nation is the subject of the rights enshrined in the convention. In the second analysis of article 1 of the two conventions, the right to self-determination in this article can be interpreted as the right of a national to realize through democracy the freedom to pursue economic, social development and the free disposal of natural resources listed in article 1 of the convention. Before the conclusion of the world convention on human rights, kellson said of the right to self-determination, "the right of peoples to self-determination is usually the principle of internal policy, the principle of democratic rule." "Internally, the right to self-determination can be used as and has been used as a vehicle for the granting of the right to vote, to expand the scope of citizens' opposition to the old systems," says carces, a noted international jurist. Therefore, the nation's 'self' has been transferred: the self is no longer embodied in the ruler of the state, but the citizen of the state." The right to self-determination of a country's citizens means that the nationals decide the affairs of a country. In contemporary society, a country's citizens decide the affairs of a country, mainly through the form of representative system. The right to self-determination under the two human rights conventions can be interpreted in this sense as requiring the establishment of representative democracy by states.
For self-determination subject mentioned in the second part, the country's right to self-determination and fewer limitations of the existence of a country's national self-determination, and for the third subject, especially because of history, culture, language, religion and so on reasons for self-determination in terms of national or regional, can enjoy the right to self-determination remaining doubt, even if has the right of self-determination, but the exercise of the right to self-determination also has a strict limit. These potentially stringent restrictions will be explored in the following paragraphs, with an elaboration of the conditions under which the right to self-determination should be respected.
The right to self-determination of states and of nationals of a state may be said to be free from conditionalities. As an entity with independent sovereignty, the right to self-determination is of course the right of a state to exercise its sovereignty. The right of national self-determination embodies democracy, which is deeply rooted in the ideas of natural law such as social contract and sovereignty in the people since the enlightenment era. At present, with the exception of a few countries, most of them form representative governments through republic or constitutional monarchy, realizing the right to self-determination of a nation's citizens.
But because of history, culture, language, religion reason for nation or region of the right to self-determination, it seeks to self-determination is conditional limit, otherwise, the United Nations charter, two human rights conventions, and a series of United Nations general assembly resolution admitted to self-determination will turn for the rights of the ethnic separatist, local division basis, the distortion of self-determination in the international society is worse. The right to self-determination that may exist in these special areas can be divided into two levels. The first is the right to self-determination as a national. Although these ethnic groups have their own cultural, historical, religious and other particularities, individuals of these ethnic groups, as citizens of the state, should enjoy the right to self-determination as citizens under a democratic regime, that is, by exercising other rights such as the right to vote and the right to stand for election, participate in state administration and participate in political activities. However, if there is ethnic or racial discrimination in that democracy and the political rights of those ethnic groups are denied, the right to self-determination is incomplete. Every citizen should be equal, enjoy equal rights, and have equal right to self-determination in a democratic polity. If there are unequal restrictions on individual nationalities or RACES, the right to self-determination of the nationals of that country remains unfulfilled. The second level refers to the right to self-determination within the nation or region. The international covenant on economic, social and cultural rights, the international convention on civil and political rights are giving the national and regional of internal affairs of the right to self-determination rights, if such a right has been violated, even religious, cultural affairs for big degree of intervention, to human rights violations, the degree of violation of two convention on human rights, so these regions nationalities can seek the right to self-determination.
The nationality of a particular region is the national nationality of a country, therefore, the national law must be obeyed in their quest for self-determination. First of all, rights must be claimed within the system of domestic law. They can seek the right to self-determination as a national of a country through the judicial system, political party politics, parliamentary struggle, demonstrations and other forms consistent with domestic law, and demand equal political rights and political identity. The right to self-determination for national and regional affairs should first be realized through domestic legal remedies. Whether the right to self-determination is to establish regional autonomy for ethnic minorities or to seek independent statehood, it must first adopt a method consistent with domestic law.
Article 1 of the international covenant on economic, social and cultural rights and the international covenant on civil and political rights can be invoked to assert the right to self-determination if the means of seeking the right to self-determination in accordance with national law are exhausted and cannot be authorized by national law. The citizens of the nation or region as a nation, in be deprived of political rights, can not be achieved as the national self-determination, or was badly damaged by its culture, history, religion, tradition, human rights violations by authorities, their right to self-determination has been acknowledged by two convention on human rights, as for the realization of the right to self-determination, convention and no rules. Regardless of the way in which these peoples or regions seek the right to self-determination, there must be some limitation to their methods. First, the two human rights conventions must be observed and, if violent, cannot violate human rights and create a humanitarian crisis. Any act seeking the right to self-determination must adhere to the fundamental principles of international law. The declaration on the granting of independence to colonial countries and peoples not only recognized the right to self-determination, but also stated that "any attempt to divide a country's unity and undermine its territorial integrity, in part or in whole, is contrary to the purposes and principles of the charter of the United Nations; All states shall faithfully and strictly observe the charter of the United Nations, the universal declaration of human rights and the provisions of this declaration, on the basis of equality, non-interference in the internal affairs of all states and respect for the sovereignty and territorial integrity of all peoples." The declaration of principles of international law states that the right to self-determination shall not be "construed as authorizing or encouraging any action which, in part or in whole, undermines or undermines the territorial integrity or political unity of the sovereign independent state." The Vienna declaration and programme of action also explicitly declared: "according to 1, 970 on the countries in accordance with the charter of the United Nations to establish friendly relations and cooperation of the declaration of principles of international law, national self-determination shall not be construed as authorization to encourage to take any action to full or partial dissolution or infringement of sovereign and independent country's territorial integrity or political unity, as long as these is sovereign and independent country adhere to the principle of equal rights and self-determination, and thus have a representative without distinction belongs to all the people's government of the territory." All in all, the pursuit of self-determination should be limited by sovereignty, but if such nations or regions do not have equal sovereign power politically incorporated into such sovereignty, or if, under such sovereignty, the human rights of such nations or regions are in doubt, such nations or regions may seek the right to self-determination.
The right to self-determination is a right to convention under the United Nations charter, the international covenant on economic, social and cultural rights, and the international covenant on civil and political rights. It is also a principle of international law recognized by states and recognized by many international instruments. Although the proposition of self-determination had a certain historical background, the right to self-determination should not perish with the disappearance of the colonies. In the contemporary international community, the right to self-determination still has a role to play in protecting human rights and dealing with the international community. However, the search for the right to self-determination is not unconditional. Any country, nation or region should be cautious about the right to self-determination.
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The right to self-determination, as an important right, is both a right under international conventions and a general legal principle. The right to self-determination can be divided into two levels. The first level is the right of national self-determination of a country. They can only seek the right to self-determination at the second level if they cannot realize the right to self-determination at the first level when certain regions and nationalities are excluded from the first level. The article argues that the right to self-determination should be limited in content, conditions and methods and should not be used as a justification for the separation of states and sovereignty.
The right to self-determination plays an important role in international law and in the process of modern political development and the formation of international order. The right to self-determination not only provided a basis for the post-world war ii independence movement in Asia and Africa, but also played an important role in safeguarding national sovereignty, independence and even human rights. Does the right to self-determination still have room in today's colonial world? Or did it become history as the colony disappeared and completed its mission? Now, more and more single peoples claim that they can achieve independence through the right to self-determination. The question of the right to self-determination deserves consideration.
Article 38 of the statute of the international court of justice lists five sources of international law and divides them into formal sources and auxiliary sources. Formal sources include: establishment of rules and regulations for the states parties to the proceedings, whether ordinary or special international agreements; International customs, accepted as law as the evidence of general practice; General legal principles recognized by civilized nations. The ancillary sources are judicial precedents and the doctrine of the most authoritative public jurist in all countries. These five sources of international law are widely recognized.
Although general assembly resolutions are not binding, they are binding once they constitute customary international law or general legal principles. In the resolution on the right to self-determination, the declaration on the principles of international law concerning friendly relations and cooperation among states in accordance with the charter of the United Nations is noteworthy. The adoption of the declaration by the general assembly would at least indicate recognition by the civilized countries, and the author therefore believes that the principles of international law contained in the declaration are those "generally recognized by civilized countries" in article 38 of the statute of the international court of justice. Therefore, the right to self-determination is a general legal principle.
In summary, the right to self-determination is both a right under the convention and a general legal principle in international law.
Traditional international law holds that the subject of international law is the state, the national or national liberation movement organization, and the international organization. In some cases, individuals are also the subject of international law, which is a popular view of contemporary international law. Who is the subject of the right to self-determination as a principle of convention and general law? The author thinks that the text of the convention should be interpreted and analyzed.
The purpose of articles 1 and 55 of the charter of the United Nations is to create a peaceful and friendly international relationship based on respect for the principle of the equal rights of peoples and the right to self-determination, which is naturally a friendly relationship between states. The charter of the United Nations divides the right of self-determination of states into two aspects. On the one hand, the charter affirms the right of states to self-determination, that is, the right to self-determination, self-administration of domestic affairs, and exercise of full sovereignty. On the other hand, the charter requires other countries to respect the right of one country to self-determination and not to interfere in other countries' internal affairs. The charter stipulates that the right to self-determination is both the right to affirm the right of one country to self-determination and the right to exercise the obligation to respect the right of one country to self-determination.
The international covenant on economic, social and cultural rights and the international covenant on civil and political rights clearly define the right to self-determination in exactly the same terms, but the expression is not clear about the subject of the right to self-determination. The two conventions use "all peoples" as the subject. Different interpretations of "people" are different interpretations of the subject of self-determination. "People" can refer to a country's citizens and people. In a democratic country, a national is the sovereign of the state, so the word "people" is sometimes used in criminal cases to represent the state in prosecuting the accused. In this sense, the right of national self-determination under the two human rights conventions is the right of sovereign states to self-determination. Therefore, the state is the subject of the right to self-determination.
The subject of self-determination to which articles 1 and 55 of the charter of the United Nations apply is a state, obviously excluding a national, and a national is not a subject under traditional national law, nor is it an individual; hence, it is questionable whether a national is a subject of self-determination under international law. However, from the perspective of the international covenant on economic, social and cultural rights and the international covenant on civil and political rights, nationals can become the subject of the right to self-determination.
As mentioned above, "people" in the two human rights conventions can refer to the nationals, which can be understood as the right of sovereign states to self-determination from one level, while the right of sovereign states to self-determination still belongs to the level of national self-determination, that is, to exercise sovereignty internally, to remain independent without external interference. The right to self-determination of nationals in this paragraph is not a state level, but in terms of the organizational structure within the state, or the sovereign itself. Is the international covenant on economic, social and cultural rights and the international covenant on civil and political rights, the purpose is to protect human rights, so the convention is concluded by the state, to constraint state behavior, requires countries to take action to protect human rights, but these rights bearer is a person, namely two convention on human rights through the act of contracting, awarded to the parties to the rights stipulated in the national convention. Since the convention grants a nation the rights it needs to protect, in both cases, a nation is the subject of the rights enshrined in the convention. In the second analysis of article 1 of the two conventions, the right to self-determination in this article can be interpreted as the right of a national to realize through democracy the freedom to pursue economic, social development and the free disposal of natural resources listed in article 1 of the convention. Before the conclusion of the world convention on human rights, kellson said of the right to self-determination, "the right of peoples to self-determination is usually the principle of internal policy, the principle of democratic rule." "Internally, the right to self-determination can be used as and has been used as a vehicle for the granting of the right to vote, to expand the scope of citizens' opposition to the old systems," says carces, a noted international jurist. Therefore, the nation's 'self' has been transferred: the self is no longer embodied in the ruler of the state, but the citizen of the state." The right to self-determination of a country's citizens means that the nationals decide the affairs of a country. In contemporary society, a country's citizens decide the affairs of a country, mainly through the form of representative system. The right to self-determination under the two human rights conventions can be interpreted in this sense as requiring the establishment of representative democracy by states.
For self-determination subject mentioned in the second part, the country's right to self-determination and fewer limitations of the existence of a country's national self-determination, and for the third subject, especially because of history, culture, language, religion and so on reasons for self-determination in terms of national or regional, can enjoy the right to self-determination remaining doubt, even if has the right of self-determination, but the exercise of the right to self-determination also has a strict limit. These potentially stringent restrictions will be explored in the following paragraphs, with an elaboration of the conditions under which the right to self-determination should be respected.
The right to self-determination of states and of nationals of a state may be said to be free from conditionalities. As an entity with independent sovereignty, the right to self-determination is of course the right of a state to exercise its sovereignty. The right of national self-determination embodies democracy, which is deeply rooted in the ideas of natural law such as social contract and sovereignty in the people since the enlightenment era. At present, with the exception of a few countries, most of them form representative governments through republic or constitutional monarchy, realizing the right to self-determination of a nation's citizens.
But because of history, culture, language, religion reason for nation or region of the right to self-determination, it seeks to self-determination is conditional limit, otherwise, the United Nations charter, two human rights conventions, and a series of United Nations general assembly resolution admitted to self-determination will turn for the rights of the ethnic separatist, local division basis, the distortion of self-determination in the international society is worse. The right to self-determination that may exist in these special areas can be divided into two levels. The first is the right to self-determination as a national. Although these ethnic groups have their own cultural, historical, religious and other particularities, individuals of these ethnic groups, as citizens of the state, should enjoy the right to self-determination as citizens under a democratic regime, that is, by exercising other rights such as the right to vote and the right to stand for election, participate in state administration and participate in political activities. However, if there is ethnic or racial discrimination in that democracy and the political rights of those ethnic groups are denied, the right to self-determination is incomplete. Every citizen should be equal, enjoy equal rights, and have equal right to self-determination in a democratic polity. If there are unequal restrictions on individual nationalities or RACES, the right to self-determination of the nationals of that country remains unfulfilled. The second level refers to the right to self-determination within the nation or region. The international covenant on economic, social and cultural rights, the international convention on civil and political rights are giving the national and regional of internal affairs of the right to self-determination rights, if such a right has been violated, even religious, cultural affairs for big degree of intervention, to human rights violations, the degree of violation of two convention on human rights, so these regions nationalities can seek the right to self-determination.
The nationality of a particular region is the national nationality of a country, therefore, the national law must be obeyed in their quest for self-determination. First of all, rights must be claimed within the system of domestic law. They can seek the right to self-determination as a national of a country through the judicial system, political party politics, parliamentary struggle, demonstrations and other forms consistent with domestic law, and demand equal political rights and political identity. The right to self-determination for national and regional affairs should first be realized through domestic legal remedies. Whether the right to self-determination is to establish regional autonomy for ethnic minorities or to seek independent statehood, it must first adopt a method consistent with domestic law.
Article 1 of the international covenant on economic, social and cultural rights and the international covenant on civil and political rights can be invoked to assert the right to self-determination if the means of seeking the right to self-determination in accordance with national law are exhausted and cannot be authorized by national law. The citizens of the nation or region as a nation, in be deprived of political rights, can not be achieved as the national self-determination, or was badly damaged by its culture, history, religion, tradition, human rights violations by authorities, their right to self-determination has been acknowledged by two convention on human rights, as for the realization of the right to self-determination, convention and no rules. Regardless of the way in which these peoples or regions seek the right to self-determination, there must be some limitation to their methods. First, the two human rights conventions must be observed and, if violent, cannot violate human rights and create a humanitarian crisis. Any act seeking the right to self-determination must adhere to the fundamental principles of international law. The declaration on the granting of independence to colonial countries and peoples not only recognized the right to self-determination, but also stated that "any attempt to divide a country's unity and undermine its territorial integrity, in part or in whole, is contrary to the purposes and principles of the charter of the United Nations; All states shall faithfully and strictly observe the charter of the United Nations, the universal declaration of human rights and the provisions of this declaration, on the basis of equality, non-interference in the internal affairs of all states and respect for the sovereignty and territorial integrity of all peoples." The declaration of principles of international law states that the right to self-determination shall not be "construed as authorizing or encouraging any action which, in part or in whole, undermines or undermines the territorial integrity or political unity of the sovereign independent state." The Vienna declaration and programme of action also explicitly declared: "according to 1, 970 on the countries in accordance with the charter of the United Nations to establish friendly relations and cooperation of the declaration of principles of international law, national self-determination shall not be construed as authorization to encourage to take any action to full or partial dissolution or infringement of sovereign and independent country's territorial integrity or political unity, as long as these is sovereign and independent country adhere to the principle of equal rights and self-determination, and thus have a representative without distinction belongs to all the people's government of the territory." All in all, the pursuit of self-determination should be limited by sovereignty, but if such nations or regions do not have equal sovereign power politically incorporated into such sovereignty, or if, under such sovereignty, the human rights of such nations or regions are in doubt, such nations or regions may seek the right to self-determination.
The right to self-determination is a right to convention under the United Nations charter, the international covenant on economic, social and cultural rights, and the international covenant on civil and political rights. It is also a principle of international law recognized by states and recognized by many international instruments. Although the proposition of self-determination had a certain historical background, the right to self-determination should not perish with the disappearance of the colonies. In the contemporary international community, the right to self-determination still has a role to play in protecting human rights and dealing with the international community. However, the search for the right to self-determination is not unconditional. Any country, nation or region should be cautious about the right to self-determination.
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