Self-determination definition

A careful history helps to reveal the etiology of the traumatic event, although the possibility of corneal laceration or penetration may not be determined definitively from the history alone. Patient symptomatology associated with deep corneal injuries may vary widely. In the event of a small corneal penetration that has self-sealed, associated symptomatology may be relatively minor. More extensive involvement may produce symptoms of pain, photophobia, tearing, or blepharospasm. 

Molecular Switches, p. 917 Molecular-Level Machines, p. 931 Nuclear Magnetic Resonance Spectroscopy, p. 981 Rotaxanes and Pseudorotaxanes, p. il94 Self-Assembly Definition and Kinetic and Thermodynamic Considerations, p. 1248 Stability Constants Definition and Determination, p. 1260 The Template Effect, p. 1493 X-Ray Crystallography, p. 1586... 

It is for the people to determine the destiny of the territory and not the territory the destiny of the people .This renowned definition of the right to self-determination, expressed by Judge Dillard in his Individual Opinion in the 1975 Western Sahara case, demonstrates the dangers of well-intentioned judicial activism, for there has rarely been a judicial pronouncement more dangerously mistaken than this one. 

Accordingly, self-determination disenfranchises populations. This process of disenfranchisement has traditionally proceeded in five steps. First, self-determination is intrinsically linked with, and deployed to justify, the disenfranchising doctrine of territorial unity. Second, there is the issue of the definition of the object of... 

While self-determination is an activist right intended to overcome the evils of colonialism, it is in fact administered in a way that is consistent with the territorial designs and administrative practices imposed by the colonisers. This is the third level of disenfranchisement of the doctrine of self-determination. For the definition of the entity that is entitled to exercise the right of self-determination is in itself a product of colonial administration. Hence, self-determination does not aim to restore ethnic or tribal links among populations that were artificially divided by the colonisers. Instead, the people entitled to self-determination are those who happen to live within the colonial boundaries drawn by the colonial powers. 

A more modern case is furnished by the new Ethiopian constitution that was adopted after internal opposition forces finally displaced the central government. Article 39 (5) of the new Constitution of 8 December 1994 declares with the greatest clarity, that Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession ." Paragraph 5 adds an unusual definition ... 

S. James Anaya, A Contemporary Definition of the International Norm of Self-determination , 3 Transnational Imw and Contemporary Problems (1993). 

Wentworth Ofuatey-Kodjoe, Self-determination in International Law Towards a Definition of the Principle, PhD. Thesis on file at Columbia University (1970). 

M. Sornarajah, Internal Colonialism and Humanitarian Intervention Evolution of a System of Minority Protection in International Law through the Extension of the Principle of Self-determination to include a Right of Secession of a Minority Possessing a Definite Territorial Base , 11 Georgia Journal of International and Comparative Law (1981). 

Alfredsson G (2005) Minorities, indigenous and tribal peoples definitions of terms as a matter of international law. In Ghanea N, Xanthaki A (eds) Minorities, peoples and self-determination -essays in honour of Patrick Thomberr. Martinus Nijhoff, Leiden, pp 163-172... 

Res. 1541 receives part of its context-coherence only in hindsight as it was one of the first documents to take up the issue of self-determination. Since its adoption, numerous instruments including self-determination or the more specific content of self-determination have been adopted. The important part of Res. 1541 is the definitions of self-determination it includes. It lists three possibilities of reaching self-determination which are independence, association or integration with another state. In the subsequent principles Vll-lX, association and integration are further explained and defined. In both alternatives it is underlined that the decision making process has to be free and democratic. The past decades have granted coherence to this as democracy has become ever more important and undemocratic processes are not only condemned on paper anymore. 

Before doing this it is necessary to recall that self-determination and minorities are not conclusively defined. As a consequence, the documents are not always clear in their statements or context. One could argue that the documents should then define the concepts in order to pass Franck s test however, regarding definitions as essential renders the analysis superfluous. Both concepts have been discussed for decades and there have been numerous unsuccessful attempts to be more concrete. 

There are two viewpoints on the issue of the definition of minorities. One maintains that a definition is not necessary in order to draft standards of minority protection. There is not much to be argued with this statement. The term people has not yet been defined yet, the right to self-determination is well-established for this group of persons. 1 subscribe to the second view which sees the continued... 

Self-determination for nations was little more than lip service. Besides political considerations as described above, one more fundamental problem was unanswered and to a certain degree stiU remains unsolved today. There was no generally valid definition of a nation. Without knowing to whom self-determination could be granted, it was doomed to be a political tool for the powerful that could be used at their discretion. There was no right to self-determination yet. Even calling it a principle may be too much. The dictionary defines principle as a comprehensive and fundamental law, doctrine, or assumption or a rule or code of conduct. Self-determination was certainly not a fundamental law in the years following World War I and as it was applied so very inconsistently that one can hardly speak of a code of conduct. 

Some phrases have been repeated in a number of documents on self-determination. Res. 1514, the Covenants and the FRD all speak of the right to determine the political status and freely pursue their economic, social and cultural development. The two terms status and development have very different connotations attached to them. While status is something permanent and non-changing, development per definition is not permanent. Development is something that... 

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. 

Identity is part of the subjective factor in the definition of a minority. When applying the groups characteristics approach to peoples,identity is also a core feature. The right to have an identity for members of minorities contributes to the definition of the self in self-determination. It is therefore highly relevant for the discussion on minorities and self-determination. Taking a group characteristics approach of peoples, identity is also part of the definition. Peoples must have the... 

Having an identity does not automatically lead to self-determination. Identity is part of the preconditions for self-determination to be applicable. A minority without an identity is impossible per definition. A strong identity may strengthen claims to self-determination however, while identity is essential for self-determination, self-determination is no automatic result for a group with an identity. 

The following graphic representations take a look at the four dimensions of self-determination. At the centre, we find keywords of the definition or content of the specific dimension of self-determination. In the outer circles we find specific minority rights from the four minority instruments namely the CSCE Copenhagen Document of 1990, the Language Charter of 1992, the UN Minority Declaration also firom 1992 and the Eramework Convention of 1995. The specific origin of the minority rights mentioned below can be found in the annex. 

This notion shows international self-determination and classic minorities belong together. The link between internal self-determination and classic minorities is fair. Depending on the circumstances, the same group of persons can be a people or a minority. Recognizing the right to internal self-determination for classic minorities in Europe overcomes historical inconsistencies, solves definitional problems and moves international law one step closer to reality. 

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