Principle Of Self-determination Research Articles

Toward Self-Determination in the U.S. Territories: The Restorative Justice Implications of Rejecting the Insular Cases

Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases—a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States’ indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House of Representatives introduced House Resolution 279, which declares that the Insular Cases should be rejected as having no place in U.S. constitutional law. Moreover, in 2022, Justice Gorsuch called for the Supreme Court to squarely overrule the cases. For many, rejecting the Insular Cases is a long-overdue reckoning for U.S. colonialism. Nonetheless, some representatives and scholars from the U.S. territories have raised concerns about potential implications for existing local laws in the territories. Many of these local laws protect Indigenous territorial peoples from further colonial harms. If the proposed bill or Supreme Court’s overruling of the cases functioned to extend the U.S. Constitution in full to the territories, these laws may be found invalid under current constitutional jurisprudence. This Article employs a contextual framework for Indigenous peoples to explore the nuanced restorative-justice implications of rejecting the Insular Cases. It emphasizes the varying perspectives of Indigenous peoples of the present-day U.S. territories, who would be most impacted by the measure. Finally, flowing from this restorative justice framework, this Article demands that any resolution to the Insular Cases forward the human rights principle of self-determination for Indigenous peoples—not mere equality.

UKRAINE AS AN OBJECT OF GLOBAL GEOPOLITICS: HISTORICAL BACKGROUND AND LESSONS OF THE RESOLUTION OF THE CONFERENCE OF AMBASSADORS IN MARCH 14, 1923

The report reconstructs how one hundred years ago the world's largest powers, primarily France, Great Britain, Japan, the Kingdom of Italy, and the United States, began to build a new Versailles-Washington system of international relations, which consolidated territorial changes as a result of the First World War and the collapse of the German, Ottoman, and Austrian-Hungarian and Russian empires. The geopolitical prerequisites and consequences of the Resolution of the Council of Ambassadors of March 14, 1923 regarding Eastern Galicia are analyzed. It has been proven that the principle of self-determination of peoples, proclaimed by world leaders, did not become the basis of post-war national-state demarcation, in particular in Central and Eastern Europe. Therefore, with the support of the Entente, the Ukrainian ethnic territory (conciliar Ukrainian People's Republic) was redistributed by Poland, Romania, Czechoslovakia and Bolshevik Russia, which concluded the Peace of Brest with defeated Germany and was in international isolation for some time. The countries of the West did not believe in the state efforts of the disunited political elite of the Ukrainian People's Republic of Ukraine and the Western Ukrainian People's Republic, as well as in the monarchical plans of the Hetmanate, which manoeuvre between German and White Guard post-war strategies. The Entente countries assigned the role of a sanitary border against the possible expansion of Bolshevik Russia (later the USSR) to the revived Poland in 1918, with which France concluded a political agreement and a military convention in 1921. The postwar Eastern European borders, in particular between Poland and the USSR along the Zbruch River, were «legitimized» by the Peace of Riga in 1921, as well as by the resolution of the Entente Council of Ambassadors in 1923, which marked the foreign policy defeat of both the Ukrainian People's Republic and the Western Ukrainian People's Republic, as well as the end of the Ukrainian Revolution of 1914–1923 It was established that Warsaw ignored the international demand to grant national-territorial autonomy to Ukrainians, instead dividing the region into three voivodships even before the specified resolution. Keywords: Ukraine, East Galicia, Poland, countries of the Entente, geopolitics, military occupation, political parties.

구소련 국가들의 주권에 대한 러시아 측 시각과 소비에트 시기 민족공화국의 법적 지위: 러시아 문명주의 역사관에 대한 일고찰

Russia’s invasion of Ukraine in February 2022, which is obviously the violation of the sovereignty of the independent Ukraine, called attention to Russia’s current perspective on the sovereignty of the former Soviet states. Justifying his decision, the president of the Russian Federation, Vladimir Putin, argued that Ukraine’s sovereignty is groundless both legally and historically because it was given and thus made possible only by the policy of the former Bolshevik leaders, namely Vladimir Lenin and Joseph Stalin. They were the ones, who decided to uphold the principle of national self-determination, including the right of secession.BR Scrutinizing the historical developments of the legal status of the national republics of the former Soviet Union, this paper argues that Leninist viewpoint of guaranteeing the principle of national self-determination proved not a mistake, as Putin asserts, but a tactical success that enabled the Bolshevik leaders to rally support from various ethnic groups during the civil war and later on. Recognizing its crucial significance, the subsequent Soviet leadership continued to hold the principle of self-determination, ensuring the right of secession, by maintaining the articles in the Constitution of the Soviet Union even though there had been a series of attempts to undermine the legal status of the national republics of the Soviet Union. Therefore, as the current Russian Federation inherited various crucial parts of the legacy of the Soviet Union, it can be seen as the beneficiary of the historical and political achievements of the Soviet past, which was rested upon the ideological building of nationalities, who welcomed and voluntarily joined the Soviet cause through the agreement on the principles of national self-determination and secession.

Reimaging Cairo’s garbage collectors: The role of design thinking and story mapping in developing social learning to identify community assets and challenges

ABSTRACT Mapping the challenges and assets of a community for driving development strategies applies to many methods, yet it can be difficult to reflect residents’ collective concerns and interests. This paper reports and critically reflects on an educational exercise of design thinking and story mapping in Cairo’s Zabbaleen community, a hard-to-reach disadvantaged group comprised of exclusively low-income Christian garbage collectors. The article investigates the potentials and challenges of the tools employed to better facilitate the social learning process that is centered on understanding the underlying challenges and assets in disadvantaged communities. It concludes that designers and educators learned that they need to better incorporate community development principles of local self-determination, self-help and community participation into the design process. Students learned that community members cannot be passive recipients of academic concepts. The study demonstrates a need for an integration of professional or technical knowledge with indigenous knowledge and perspectives.

Kashmir's Right to Self Determination: UNSC Resolutions, Human Rights Violations and Culpability under International Law

The United Nations has voted for the Kashmir dispute to be settled by a referendum in the territory since the inception of both India and Pakistan as independent states in 1947. The Security Council resolutions have mandatory effect since their passage and a plebiscite was overdue when India decided to annex the state in August 2019. In refusing to let the people decide their future the Indian government went against the cardinal principle of self-determination. By revoking its constitutional status as a state within the Indian Union the government revoked the Article 370 without consulting any other interested party including the political representatives of the Kashmiri people. The consequence was the declaration of Martial law in the Valley enforced by an unprecedented security operation whereby the special powers allotted to the military and the auxiliary Border Security forces and Central Reserve Police force have been used to assault the human rights of the people. The Indian government has not only refused to implement the mandate of the UNSC but also breached the International Convention of Civil and Political Rights and the Universal Declaration of Human Rights. The actions of the Indian forces have been under the spotlight of the UN Human Rights Council whose reports in 2018 and 2019 implicate the military of gross human rights abuses in Kashmir. The argument of this paper is that there should be rigorous application of international humanitarian law and war crimes tribunals invested to prosecute the Indian officials for breaches of the rules in Non-International Conflicts (NIC). Keywords: Instrument of Accession; Article 370; cultural genocide; Uti possidetis; UN Chapter VI; International Covenant on Civil and Political Rights; AFSPA Public Safety; ct, OHCHR Report 2018; International

British Liberalism and the French Invasion of Mexico

AbstractNapoleon III's 1860s intervention in Mexico mystified some British observers. For many others, however, it raised urgent questions about the duties of European civilization and the future of global order. This article argues that the affair forced attitudes toward other European countries' overseas imperial projects into sharp political focus, and that in doing so it revealed incipient shifts in the center of gravity of Victorian liberalism. France's Second Mexican Empire split opinion in the Liberal Party and press, throwing light on wider disputes about the parameters of legitimate imperial intervention, the reach of the principles of nationality and self-determination, the political needs of disordered multiracial polities in less-developed parts of the world, and Europe's proper relations with Spanish America. But most Liberals who engaged with the enterprise condemned it, a fact that lays bare a changing balance of power between what historians have called “liberal imperial” and noninterventionist arguments in the 1860s. The failure of the intervention, moreover, did much to affirm powerful partisan narratives about French politics, which helped to buttress the electoral ascendancy of the Liberal Party.

The Peacemaker Woodrow Wilson and the Hungarian Soviet Republic

Abstract The rise of the Hungarian Soviet Republic shocked the peacemakers at the 1919 Paris Peace Conference, as it signaled the spread of Bolshevism from Soviet Russia to the West. They feared that the dreaded ideology could inspire a revolution in Germany. For this reason, some of the peace conferees favored military intervention and the overthrow of the Hungarian government. President Wilson, the most influential leader in Paris, was against intervention and called for caution. He was concerned that the US forces would get into a never-ending quagmire in Hungary. Drawing lessons from the Thermidorian turn of revolutions, he counted on the eventual collapse of the radical Bolshevik experiment in Hungary. For this reason, he also objected to the aggressive acts of the so-called small allies, Romania and Czecho-Slovakia, on Hungarian soil. He blamed them for the rise and survival of the Soviet regime, as their aggression generated nationalist resistance in Hungary. Wilson’s eventual solution to the Hungarian problem was the speedy completion of the peace treaty. For its sake he abandoned his much-touted principle of self-determination and was willing to disregard any part of his Fourteen Points.

The US liberal political and academic establishment on national-territorial transformation of Russia in 1917–1922

The paper examines the evolution of approaches and assessments of the US political and academic establishment regarding the national-territorial transformation of Russia at the final stage of the First World War, during the Revolution and the Civil War. During that period the US diplomacy was focused on developing and implementing its own ambitious program for the liberal-democratic reorganization of the post-war world with particular focus on issues of national self-determination. As a result, Wilson’s administration could not remain indifferent to the dramatic changes on the territory of the former Russian Empire. However, as the author notes, for European politicians its responses appeared rather unusual and often puzzling. The latter was due to a very specific interpretation of the principle of national self-determination adopted by W. Wilson and his associates as the right of the civil society to self-government rather than the right to ethnic separation. At the same time, the right to independently determine their own destiny was reserved, in a spirit of social-Darwinism, only for peoples who had reached a certain maturity. And moreover, each particular case was additionally assessed in terms of both political rationality and developments of political situation in Russia in general. For instance, the US liberal political and academic establishment consistently supported the independence of Poland and Finland while most other national minorities (the peoples of the Baltic region, Ukrainians, Belarusians, Armenians, Georgians, Azerbaijanis, the peoples of Central Asia, etc.) were usually encouraged to defend their autonomy within a united and democratic Russia. The author notes, that the US policy towards Russia became particularly controversial after the Bolsheviks came to power: the consistent rejection of the Bolshevik reforms was accompanied by the reluctance to incite separatism on the national outskirts out of fear of Russia’s uncontrolled disintegration and its subsequent transformation into a site of endless ethnic conflicts. As a result, the United States did not recognize most of the national entities that declared their independence in 1917–1922. At the same time, the author concludes that the growing ideological and political confrontation with Soviet Russia in the following years did not allow the US leaders to adequately assess the national-territorial transformations that were brought about by the creation of the USSR.

The benefits of independent older people’s representation and why its development should be supported

PurposeThe purpose of this papers is to set out the advantages to local communities of independent representation of older people by older people through active and vibrant older people’s forums and groups and the rationale for Councils in Wales to support their revitalisation and development.Design/methodology/approachThis paper describes how semi-structured action research and follow-up discussion and analysis over a two-year period was undertaken by older people with representatives of Older Peoples Forums and groups to identify a strategy to restart and revitalise independent forums post pandemic to represent the voice of older people to government at all levels.FindingsFacilitation of the independent and self-determined voice of older people through genuine co-production with Forums can help Councils meet statutory duties and ensure their policies and services for older people are developed and informed from the direct experience of those receiving them. This will also help address the impacts of an ageing population and meet the national aim to create age-friendly communities across Wales.Social implicationsThis research provides a basis for Councils to work with Independent Older Peoples Forums and groups to restart and regenerate the forums and promote the self-determined voice of older people to government at all levels.Originality/valueIn an ageing society older people should be empowered and enabled to make their own decisions. The principle of self-determination by older people for older people directly and through co-productive engagement with them by local authorities has meaning and purpose that should be promoted and implemented. If age-friendly communities are to be developed across Wales, then collaboration on this basis is required including through independent 50+ forums in localities.

송진우의 국제지역 인식과 국가건설 사상

Song Chin-woo(宋鎭禹) learned the advanced ideas of the West while studying in Japan and laid the foundation for national self-reliance based on nationalism. During the March 1st Movement in 1919, Song Chin-woo adhered to Wilson’s principle of national self-determination, but independence from the United States and the West failed. Nevertheless, Song Chin-woo focused on self-reliance and independence in the 1920s and was wary of the American and Western order, simultaneously seizing that order’s legitimacy. Song Chin-woo maintained a confrontational stance toward the Soviet Union and communism but also expressed a willingness to cooperate with them in the interest of independence. He refused to follow China's religion and politics but emphasized friendly relations. He thought of Europe as a champion of universal human rights and ideas, but he was wary of its expansionary policies in Asia. Song Chin-woo insisted on establishing a Western democracy immediately after liberation based on longstanding international recognition, while emphasizing the injustice of establishing a communist government.

What's data got to do with it? A scoping review of data used as evidence in policies promoting the health of Aboriginal and Torres Strait Islander children in the Northern Territory, Australia.

Accurate data on the health of Australia's First Nations peoples is critical in determining appropriate public health programs and establishing a baseline against which to measure progress. The effective translation of evidence into practice continues to be a challenge for Australian health departments and policymakers. The objective of this scoping review was to (i) determine the extent and range of policies relevant to the health and well-being of Aboriginal and Torres Strait Islander children in the Northern Territory (NT); to (ii) identify what data is reported to be used as evidence to reconcile policy goals with outcomes, (iii) to describe issues acknowledged by policy makers relating to data availability and/or limitations, and to (iv) examine how principles of Indigenous inclusion and self-determination are included in these policies. A search for current policy documents, strategic plans/initiatives or frameworks was conducted across Ovid Medline, PubMed, Informit, Scopus, in addition to a web-based search for grey literature. Current policy documents for the period 2010-2021 were included providing at least one of the goals or objectives were relevant to the health and well-being of Australian Aboriginal and Torres Strait Islander children from the NT. The search located 2610 unique citations. Full-text screening was conducted on 85 documents, a total of 49 policy documents or strategic plans/frameworks were included in the final synthesis. The source of data being used as evidence was unclear or absent in 10 of the 49 (20.4%) identified policy documents. Limitations of the available data were mentioned to some extent, but detailed information on quality and completeness was largely absent. In mapping the key principles of working in Aboriginal and Torres Strait Islander health contexts, only two policies articulated the need for information sharing and data governance. This review underscores the importance of providing clear information about which data is being used to inform policy decisions so that they may be evaluated and critiqued in meaningful ways that ensure decision makers are accountable. SO WHAT?: Specific data items and/or indicators should be explicitly referenced as evidence used in the development of policies promoting the health of Aboriginal and Torres Strait Islander children and their communities from the outset so that evaluation is clear and policy makers are held accountable.

Anti-Colonialism Versus Self-Determination

Abstract The 1982 Falklands/Malvinas conflict pitted two of the most foundational principles of postwar international relations—anti-colonialism and self-determination—against each other, creating dilemmas for the great powers and smaller states alike in determining where to place their loyalties. The British consistently upheld the self-determination of the islanders, while portraying the war as a struggle between the forces of democracy and those of dictatorship. Though the United States strove for the appearance of neutrality, support for the United Kingdom resulted in the effective abandonment of the anti-colonialism of the Monroe Doctrine. The Soviet Union viewed the war as an anachronistic return to open imperialist aggression, and backed the fiercely anti-communist military junta in Argentina, even as it waged what was viewed as a “third world war” against the transnational forces of Marxism-Leninism. Meanwhile, the countries of the Western Hemisphere polarised into Latin American demands for decolonisation and the devotion of the Anglophone Caribbean to the principle of self-determination. This division was reflected in the debates and resolutions of the Organization of American States, the Non-Aligned Movement, and the United Nations.

Colonial Genealogies of National Self-Determination

AbstractSelf-determination is a central concept for political philosophers. For example, many have appealed to this concept to defend a right of states to restrict immigration. Because it is deeply embedded in our political structures, the principle possesses a kind of default authority and does not usually call for an elaborate defense. In this paper, I will argue that genealogical studies by Adom Getachew, Radhika Mongia, Nandita Sharma, and others help to challenge this default authority. Their counter-histories show that the principle was used to justify, strengthen, and adapt imperial rule in the twentieth century. In particular, the idea that controlling a population's composition through regulating immigration is an essential aspect of self-determination emerged as a response to White anxieties about the migration of negatively racialized groups. Genealogies have not been adequately appreciated as a critical tool within the mainstream of political philosophy. I show that these genealogies have a critical role to play because they unsettle our uncritical attachment to the structures of the nation-state system and raise serious questions about the meaning and emancipatory force of the principle of self-determination.

When Social Work Client Self-Determination Principle Meets Confucius Culture: A Living Will Decision-Making Case Study in China.

Background. In western countries like the United States of America, living will is seen as a vehicle for achieving greater wisdom and skill in a fundamental aspect of health care and a civilized approach to mortality. However, the inception of living will in China emerged only a decade ago. Although, nowadays, Chinese medical social workers can provide living will service in health settings, their services are in a preliminary status. Objective. This exploratory case study aims to present an ethical dilemma and analyzes the reasons the social work client self-determination principle failed in living will decision-making in the oncology ward that has Confucius as a cultural context. Results. This case illustrates that the patient's family has the final say in living will decision-making. The social work principle of client self-determination exemplifies the difficulties of applying medical social work practices with living will to Chinese patients in hospital wards. Conclusions. Chinese patients and their families are still bound to Confucianism's long tradition. In China, individuals are still being defined by relationships, and the "self" exists only in a hierarchical interpersonal network known as the differential pattern. The Chinese people do not like to talk about death. Even in modern society, it will take time for the Chinese people to come to terms with the end-of-life planning with living will, mainly for cancer patients after diagnosis. Practice Implications. Future social work practices that implied living will similar to this case that has Confucius culture in the background should consider the cultural context where the social worker-client are situated and the types of social work values the profession hold.

"К ВОПРОСУ О ГАРАНТИЯХ НЕЗАВИСИМОСТИ АДВОКАТУРЫ В КАЗАХСТАНЕ И УЗБЕКИСТАНЕ В ОРГАНИЗАЦИОННОМ АСПЕКТЕ"

In the article, the author, from a comparative legal point of view, considers the main organizational mechanisms for ensuring the independence and development of the institution of the advocacy in modern Uzbekistan and Kazakhstan. First of all, it is emphasized that independence as the main factor in the effective operation of the institution of the bar is considered one of the most pressing problems in the field of advocacy. At the same time, it is considered appropriate to consider guarantees of ensuring independence in the context of its three aspects: organizational aspect (independence in terms of management, logistics and taxation); procedural aspect (procedural guarantees of the independence of a lawyer); personal aspect (lawyer immunity status). This article discusses some of the problematic aspects of ensuring one of these aspects - the organizational component of the independence of the legal profession and advocacy. Thus, the author raises the issue of the shortcomings existing in the current legislation of the studied countries, including those regarding the implementation of the principles of self-governance of the bar, independent resolution of issues of admission to the profession, bringing lawyers to disciplinary liability, etc. Based on extensive international and foreign experience and analysis of the legislation of the CIS countries, foreign countries, as well as the available empirical material, the factors that create some obstacles in the organization of the independent functioning of the bar, in particular, the inclusion of disciplinary proceedings of the justice authorities in the licensing mechanism, were studied. As a result, the author presents suggestions and recommendations.

Ngaaminya (find, be able to see): summary of key findings from the Which Way? project.

Ngaaminya (find, be able to see): summary of key findings from the Which Way? project.

Towards the Draſt Declaration on the Right of Peoples to Self-Determination and Forms of its Realization

INTRODUCTION. This article elaborates on the idea of Professor Y.A.Reshetov, who published in the Moscow Journal of International Law a draſt convention on the right of peoples to self-determination. The draſt convention has been one of the first attempts to draw attention to the problem of the limits of self-determination in plural States, the forms of implementation and the main subjects of the right of self-determination. The purpose of the study is to develop the relevant ideas of Y.A.R.Reshetov, as well as to introduce new ideas, taking into account the evolving processes of realization of the right to self-determination in the modern world.MATERIAL AND METHODS. The study is based on international legal instruments, advisory opinions of the International Court of Justice, the jurisprudence of other international legal bodies and contemporary research of domestic and foreign scholars. The methods used in this study are: analysis, synthesis, induction, deduction, comparison, classification, systematization, prediction, as well as comparative and formal legal approaches.RESEARCH RESULTS. The territorial disputes resulting from ethnic, regional and local conflicts are among the most pressing problems in international relations. For any multi-ethnic State, including Russia, it is extremely important to have a genuine scientific awareness of the principle of equality and self-determination of peoples, adequate forms of its implementation, and structuring ethnic identity in the system of civil identity. Exploring for well-founded solutions to the matters involved will help consolidate world public opinion and ultimately develop an appropriate international legal mechanism under the auspices of the United Nations.DISCUSION AND CONCLUSION. The articles analyses the evolution of the idea of self-determination of peoples, the place of the principle of equal rights and self-determination of peoples in the system of basic principles of international law. The range of subjects of the right to self-determination, the specifics of secession, institutions of uti possidetis juris, and of delays in secession, as well as questions on the forms and criteria of self-determination of the principal subjects and the phenomenon of «unrecognized States», author draſted the relevant Declaration on the Right of Peoples to Self-determination and the Modalities for its Implementation.

Self-Rule and Covid-19 Times

Abstract Initially the most common response to the Covid-19 crisis was the concentration of powers on executives and, in some compound systems, this concentration of powers also involved the centralization of powers on national/federal governments. Both the concentration of powers and its centralization have encroached the principle of self-government by dismantling it temporarily. The ease in which self-government was dismantled in some countries raises concerns on its solidness and on the actual capacity of some institutional systems to provide, by means of self-government, the accommodation and recognition of plurinationalism and diversity. In this chapter we examine the governmental reaction to the Covid-19 crisis in relation to self-government in five European plurinational countries: Switzerland, Belgium, the United Kingdom, Italy and Spain.

Review: Digital Black Feminism, by Catherine Knight Steele

Review: <i>Digital Black Feminism</i>, by Catherine Knight Steele

Editor’s Introduction

As I prepare this volume’s introduction, we are well into the third month of Russia’s invasion of Ukraine. The Aspasia editorial board joins the leaders of multiple scholarly organizations around the world in condemning Russian President Vladimir Putin’s devastating attack not only on the Ukrainian people and their culture, but also on the very principles of national self-determination. As historians of and in the region, we particularly condemn the misinterpretations, distortions, and simplifications of Russian and Ukrainian history in the context of the current conflict. Such misinformation actively undermines open dialogue, democracy, and democratic regimes everywhere. In addition, we are deeply troubled by the growing militarization of our region that this war has legitimized. As women’s and gender historians, we understand the consequences that ensue when military values and practices overshadow civilian ones, and the implications that result from propaganda, censorship, and the militarizing of society, particularly regarding violence toward women. We are also only just beginning to conceive of the long-term implications of the war in Ukraine for scholars and scholarship in our region. Beyond concerns for the immediate personal safety of individual scholars and colleagues, we are facing the probable destruction and loss of significant Ukrainian archival and other sources on all aspects of Ukrainian history. The probable impact on future research in our field is catastrophic and will require us to reconsider our research priorities, goals, and methods. At the same time, the war has added urgency to a growing recognition of the need to “decolonize” scholarship and to confront ethnocentrism—to move away from a traditionally Russocentric focus, to better recognize the complexities of the historical experiences in the region, and to place such experiences in their broader historical contexts, offering a more complete, nuanced, and holistic analysis to undermine simplistic, nationalistic, and distorted narratives. As the war in Ukraine amplifies calls for such a reorientation for the field, these shifts reinforce and complement the mission of Aspasia as a forum for the multiplicity of voices that speak in and about the region, on all topics related to women’s and gender history.