Friendly Relations Declaration

Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, General Assembly resolution 2625 (XXV) of 24 October 1970 (1970 Friendly Relations Declaration). 

Friendly Relations Declaration. See also. Article 3, 1949 Draft Declaration para 1, Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and Protection of Their Independence and Sovereignty, General Assembly resolution 2131 (XX) of 21 December 1965. 

The situation may have been clarified further in 1993, nearly a quarter of a century after the adoption of the Friendly Relations Declaration. Meeting in Vienna, the World Conference on Human Rights adopted rather different language when addressing the right to self-determination ... 

These words echo those of Res. 1514 and are also found in the Friendly Relations Declaration. The right to self-determination is the first human right as it... 

The Friendly Relations Declaration refers only to the Principle of Equal Rights and Self-Determination of Peoples. Aspects such as adoption and bindingness refer to the whole document. See below for the exception in principle VIII on equal rights and self-determination of peoples in... 

Res. 1514 The Declaration on the Granting of Independence to Colonial Territories and Peoples is one the key documents on self-determination. It was adopted unanimously by the General Assembly. Like the Friendly Relations Declaration, it is argued that the unanimity gives it the power of customary law if not even ius... 

Friendly Relations Declaration Resolution 2625 from 1970, also called the Friendly Relations Declaration, was passed without a vote in the UN General Assembly. It clarifies the purposes and principles of the United Nations. While General Assembly resolutions are not binding and only an indicator of the political discussion, based on the circumstances of its passing, it has been convincingly argued to reflect international custom, state practice or possibly ius cogens... 

This is essentially the content of the Friendly Relations Declarations. There is a covenant between international law as an abstract entity, the state and the people. If the state breaches the contract with either international law or the people, there is an opening for the third party— the people— to seek solutions outside of the existing covenant. 

Adherence The two resolutions containing self-determination face a similar situation. Being UN General Assembly declarations, there are no subsidiary rules that could establish a system of adherence. The relationship between Res. 1541 and the FRD is unclear in the context of adherence. While the Friendly Relations Declaration could be regarded as an instrument backing up and clarifying some issues in relation to self-determination, the FRD is on the same level as Res. 1541. They are both General Assembly resolutions. The FRD is thus not a subsidiary rule. 

Determinacy The Friendly Relations Declaration s principle on self-determination lacks determinacy. There must literally be tons of material on the meaning and the content of the right to self-determination as proposed by the Friendly Relations Declaration. The principle can be and has been interpreted in many different ways and there is no final conclusion on the content. The main reason for the provision s... 

Adherence There are no subsidiary rules forcing states to implement the Friendly Relations Declaration. Equally, there is no monitoring body. Despite this lack, the... 

Formally, the VDPA and the Friendly Relations Declaration are on the same level, both being adopted by the General Assembly yet, they reinforce each other. 

Individual Freedom As with Res. 1541, self-determination in the Friendly Relations Declaration is a collective right. The Declaration is far less detailed than Res. 1541. Only once the principle refers to the freely expressed will of the peoples concerned. Individuals are not addressed. In analogy to Res. 1541, it is again a matter of making decisions for the whole of society. Thus, an individual opinion can be overridden. At the same time, freedom is stressed. 

General Aims As the title indicates, the Friendly Relations Declaration is a tool for establishing and maintaining peace, security and stability. The realization of the principle on equal rights and self-determination of peoples in accordance with the UN Charter is a way of furthering friendly relations. 

The Difference Principle The Friendly Relations Declaration states that self-determination is a way of bringing a speedy end to colonialism. This is clearly in favour of the peoples of the colonial entity that receives a free choice regarding its political status and its economic, social and cultural development. It is also explicitly stated in the preamble and the principle on self-determination that alien subjugation, domination and exploitation are violations of self-determination, fundamental human rights and contrary to the UN Charter. Without offering unconditional unlimited rights, the Friendly Relations Declaration is concerned with the benefit of the least advantaged. 

The Friendly Relations Declaration faces the same dilemma in relation to adherence as Res. 1541. Supporting provisions are often at the same level and indeterminate. The Declaration is coherent and has a good pedigree. It lacks in determinacy. 

The UN Minority Declaration scores well on Franck s criteria. It is a just document even though one could have wished for an approach that covers more areas important to minorities. Its compliance puU exists, though the documents weaknesses in several fields make the compliance pull rather weak compared to the Copenhagen Document and the Friendly Relations Declaration. 

The Friendly Relations Declaration could be the solution to self-determination issues. It adds a fourth category of self-determination any other political status freely determined by a people. A political status must not necessarily involve the break-up of a state. It includes the possibility of autonomy within the state. Also noteworthy is that this political status has to be freely determined. 

Friendly Relations Declaration. The Declaration itself speaks of the principle of equal rights and self-determination. Even though it is GA resolution, it is considered customary law if not even ius cogens The fact that more than half of the world s states are party to at least one of the Covenants further indicates a recognition of self-determination as law. 

Political status has been defined in Res. 1541 as independence, association and integration. The Friendly Relations Declaration added any other political status freely determined. The explanations and definitions of economic, social and cultural development must be found outside of self-determination provisions. They are not further defined in resolutions on self-determination. It is therefore necessary to look beyond self-determination provisions. The United Nations are active in issues relating to economic, social and cultural development. It is here that further explanations of the terms are found. 

Self-determination as determining the political status is a different concept as it is not generally regarded as a process but rather as a result which is the way it was also regarded during decolonization. The Friendly Relations Declaration reinforces political self-determination as result. It also speaks of any other political status freely determined . Decision-making about a status is a process as the UN expects free and democratic decision-making. 

Self-determination and minority rights have many issues and problems in common. It is an often read statement that minority rights are the crmsolation prize for those groups that are denied self-determination. " The shift between these two was already mentioned in the Aland case where the Rapporteurs took up the issue of oppression.Put simply, stark oppression would have led to self-determination— in this case the reunification with Sweden. The rapporteurs propose a number of guarantees to the Alanders and conclude that only if these guarantees are not granted by Finland, this would then force us to advise the separatitm of the islands from Finland.This approach is echoed in the Friendly Relations Declaration some 50 years later. External solutions only become serious possibilities when internal solutions are unsatisfactory. Yet, it is important to note that the Alanders were a minority, while the Friendly Relations Declaration speaks of peoples. 

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