Hrc expert report p, Рефераты из Навыки microsoft word ms

Скачай Hrc expert report p и еще Рефераты в формате PDF Навыки microsoft word ms только на Docsity! The principle of self-determination of peoples and nations – Human Rights Council: Report on the agenda 2015 The right of nations to self-determination is a fundamental principle in international law, binding, as such, on the United Nations as authoritative interpretation of the Charter’s norms. The initial appearance of the principle of self-determination was materialized after the First World War. It is possible to state that; self-determination was “the touchstone for peacemakers at Versailles”. It was the President of the United States Woodrow Wilson, who described the national self-determination as “an imperative principle of action”. The principle of self-determination of peoples has been subject to a conceptual evolution which began in post-Second World War era and accelerated in 1960’s due to the decolonization process. This evolution pertains to the transformation of self-determination which was firstly conceived as a political principal to a peremptory legal norm, i.e. jus cogens. After the foundation of the UN, the concept of self-determination was referred to in the UN Charter, Article 1(2) of Chapter I, dealing with the principles and purposes of the UN. It states that purpose of the UN Charter is: "To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”. In addition, in the Article 55, the self-determination of peoples is cited as a principle on which “peaceful and friendly relations among nations” are conceived to be based. So here are the major documents, or international legal instruments, providing for the right of self-determination based on the principles of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations above: 1. Article 2 of the United National Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly Resolution 1514(XV) of 14 December 1960): G. common economic life. In addition to the above description, the UNESCO Experts added that: “the group must be of a certain number which need not be large…but which must be more than a mere association of individuals within a state”; the group as whole must have the will to be identified as a people or the consciousness of being a people…”; and “the group must have institutions or other means of expressing its common characteristics and will for identity.” Demonstrations in Kosovo (left) and Kurdish protest in Syria (right), striking examples of people’s will to self-determination. But what about territorial integrity? National self-determination appears to challenge the principle of territorial integrity (or sovereignty) of states as it is the will of the people that makes a state legitimate. This implies a people should be free to choose their own state and its territorial boundaries. However, there are far more self-identified nations than there are existing states and there is no legal process to redraw state boundaries according to the will of these peoples. According to the Helsinki Final Act of 1975, the UN, ICJ and international law experts, there is no contradiction between the principles of self-determination and territorial integrity, with the latter taking precedence. Despite that, most sovereign states do not recognize the right to self-determination through secession in their constitutions. Many expressly forbid it. Several existing models of self- determination through greater autonomy and through secession sometimes might not help. Scottish referendum in September 2014 (left) and Crimea Referendum in March 2014 (right and in the middle) made the whole world reconsider the role of the self-determination principle. Having learned the information given above, the DIPUN 2015 Human Rights Committee is to present its own view on this disputable topic and come up with a final Resolution on regulation of self-determination, the principle that might change or has already changed the world.