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THE RIGHT TO EXTERNAL SELF-DETERMINATION OUTSIDE OF THE COLONIAL CONTEXT AND THE CASE OF PROCLAMATION OF THE KOSOVO INDEPENDENCE

Petra Perišić ; Pravni fakultet Sveučilišta u Rijeci


Puni tekst: hrvatski pdf 350 Kb

str. 761-783

preuzimanja: 2.588

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Sažetak

The paper analyzes whether secession is one of the possible forms of exercising the right to self-determination. Although numerous international documents, as well as judicial practice, recognize self-determination as one of the fundamental principles of international law, they neither define this right and provide conditions for its application, nor do they define „peoples“ as holders of that right. In state practice and writings of legal scholars, the consensus exists only with respect to internal self-determination (the right to freely choose a political regime) and liberation from the colonial domination. In that context, the Kosovo independence is being analyzed. The author concludes that external self-determination outside of the colonial context might be exceptionally possible if the people (not the national minority!) has been deprived of exercising internal self-determination, but also that the focus of the problem should be removed from the conditions for acquiring external self-determination to ensuring a better respect for the internal one.

Ključne riječi

self-determination; territorial integrity; peoples

Hrčak ID:

119387

URI

https://hrcak.srce.hr/119387

Datum izdavanja:

19.12.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 3.782 *