Principle Of Self-determination Research Articles

Implementation of the principle of equal rights and self-determination of the peoples in the Republic of Crimea and Sevastopol

The article gives a legal evaluation of the mechanism of realization of the constitutional principle of equal rights and self-determination of the peoples in the newly adopted constituent entities of the Russian Federation - the Republic of Crimea and Sevastopol - the city of Federal Significance. The principle of equal rights and self-determination of peoples is understood in two ways: as political and cultural self-determination. The content of political self-determination amounts to the right of peoples to choose the form of their national statehood. The author concludes that the realization of this right is possible only within the Russian Federation. In the framework of the existing constitutional regulation this right can be implemented by the peoples inhabiting the Republic of Crimea and Sevastopol in several ways: by means of territorial separation of a any compactly living people and creating a separate constituent entity of the Russian Federation; by means of using the possibility to change the status of a constituent entity of the Russian Federation; by means of changing the name of the constituent entity of the Russian Federation; by means of combining two or more bordering constituent entities of the Russian Federation and the formation of a new constituent entity of the Russian Federation; by changing the borders between constituent entities of the Federation. The article analyses the mechanisms of realization of the right to cultural self-determination of peoples inhabiting the newly formed entities of the Russian Federation, the content of which is the right to maintain and develop their culture and language, traditions and customs. Particular attention is paid to the problem of cultural self-determination of the Crimean Tatars. Given the political activity of the Crimean Tatar ethnos, the article draws a conclusion that the regulation of inter-ethnic relations at the constitutional level in the Republic of Crimea requires a larger number of rules-guarantees in respect of its representatives. From the author's point of view, it is necessary to adopt a special law of the Republic of Crimea on the status of the Crimean Tatars. Also, the legal regulation in the sphere of circulation of the official languages of the Republic of Crimea, in particular the status of the Tatar language, remains insufficient. The author suggests other ways of addressing the issue of Crimean Tatars. The solution to the problem of their political selfdetermination is possible by means of reforming electoral systems. At the local government level, according to the author, the experience of constituent entities of the Russian Federation in the establishment of administrative-territorial units with special status can be employed.

Garantía de los derechos constitucionales de los pueblos indígenas en el multinacionalismo y el neoconstitucionalismo

The present article conducts a hermeneutic research that seeks to identify the presence of a multinational state in Colombia, as a neoconstitutional strategy developed from two constituted theories: the first one studies the theory of open constitutionalism by Gustav Zagreblesky, identified from two specific moments within the Colombian legal system: the proposal of a new constitution and the form of interpretation of the Constitution and the laws. The second theory is the multinational state within the theory of the constitutional guarantees by Luigi Ferrajoli. This theory proposes the link between the principle of self-determination and of peace as pillars of constitutional fundamentalism.

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Внешнеполитическая программа Октябрьской революции: истоки и результат

In this article, the ideological origins of Soviet foreign policy practice after the victory of the October Revolution of 1917 are analysed. The Marxist and Liberal concepts of international politics had common roots. It predetermined the similarity of peaceful settlement's proposals made by the Russian Bolsheviks after the October Revolution; they corresponded to the proposals of the US President W. Wilson. The authors pay attention to the fact that the October revolution’s leaders initially viewed it as an integral part of the world revolution. So, the hope for success of the world revolution was a factor determining the Soviet Russia’s domestic and foreign policy. It is noticed that the Leninist conception of the world revolution supposed a close link between the labor movement and national liberation movements in colonial and semi-colonial countries. That link founded an important direction in Soviet foreign policy. In different periods of Soviet history, the attention to national liberation movements depended on the Soviet Union’s foreign policy situation. Despite all the contradictions in the foreign policy of the USSR, which was conditioned both by ideological and geopolitical factors, it always had willingness to support the principle of national self-determination, which in fact belonged to the legacy of the foreign policy platform of the October Revolution. As a result, the Soviet Union made a significant contribution to the elimination of the colonial system and thereby contributed to a change in the nature of world politics and international relations in the 20th century.

"Awakening Asia": Korean Student Activists in Japan, The Asia Kunglun, and Asian Solidarity, 1910–1923

The contributions of Korean and Taiwanese authors to the many and varied formulations of interwar pan-Asianism have so far remained a relatively unexplored subject of scholarly research, despite an unbroken interest in the trajectory of state-based Japanese pan-Asianism. Focusing on Korean students and independence activists, this article discusses alternative configurations of regional unity and solidarity that emanated from the interactions among Korean, Taiwanese, and other actors who resided in Tokyo during the 1910s and 1920s. When the ethnic-nationalist interpretations of the Wilsonian principle of self-determination failed to materialize, a portion of anti-colonial activists in Asia began to emphasize the need for solidarity by drawing on what they perceived as traditional and shared Asian values. While challenging the Western-dominated international order of nation-states that perpetuated imperialism, such notions of solidarity at the same time served as an ideology of liberation from Japanese imperialism. Examining journals published by Korean students and activists, including The Asia Kunglun , this article adds another layer to the history of pan-Asianism from below, a perspective that has often been neglected within the larger context of scholarship on pan-Asianism and Japanese imperialism in Asia.

100 años de libre determinación de los pueblos. La evolución del principio

This article aims to analyze the evolution of the principle of self-determination of peoples over the past 100 years under International law. To this end, the article examines the main doctrinal works and the State and United Nations practice. The paper concludes that the principle has gone through three fundamental stages where its content has changed and questions whether recent events could be signaling the beginning of a fourth stage.

Designing a Training Programme to Promote the Exercise of Self-Determination and Civic Engagement in Individuals Having an Intellectual Disability: Feedback on Collaborative Research

Individual self-determination and civic engagement are key resources in the life of every individual. All the more so in the case of individuals with an intellectual disability (ID), who are frequently prevented, voluntarily or passively (for example through the failure to promote favourable conditions for learning), from implementing the resources that are required for acquiring and developing these skills. The importance of being able to apply these skills in everyday life is however acknowledged and encouraged by the UN Convention on the Rights of Persons with Disabilities (2006). This article presents and analyses the conditions for vertical and horizontal collaboration (Greenhalgh et al., 2004), which have contributed to the successful introduction of an educational approach to self-determination and active citizenship in a social care establishment for individuals having a mild to moderate ID. The research was conducted over two years (2014-2016) within the framework of a partnership between the establishment concerned and academic researchers. The principal stakeholders involved in the research, including 16 individuals with an ID, 13 educational care professionals, 4members of the managerial staff and 4 research workers, worked together to promote the adoption of principles of self-determination and civic engagement within the establishment, and designed a training programme aimed at individuals with an ID and professional support staff. The effectiveness of the intervention mechanism applied by this team has been verified and validated using a pre- and post-test evaluation, the results of which have appeared in a separate publication. A qualitative analysis of the collaboration conditions indicates, and on first sight this may appear paradoxical, that individual self-determination and its implementation are most successful when supported by a close-knit community, based on meaningful interdependence and mutually dependent relationships.

Crimea’s Annexation in the Light of International Law. A Critique of Russia’s Legal Argumentation

Crimea’s annexation by Russia violated a whole range of the fundamental principles of international law and international treaties guaranteeing Ukraine’s territorial integrity, the inviolability of its borders, and security. By annexing Crimea, Russia also violated the estoppel principle of law and international morality. In light of the principles of contemporary international law, as well as in light of the Russian doctrine of international law, the arguments put forward by Russia’s President Putin, Russian officials, and international lawyers are untenable and in contradiction of the previous Russian doctrine’s approach towards the relationship between the principles of self-determination and territorial integrity.

Before that: The Formation of Slovenian Statehood prior to its Independence

In his article, the author discusses the formation of Slovenia in the “short” 20th century as the predecessor of the independent and sovereign Republic of Slovenia. The establishment of the Republic of Slovenia as an independent and sovereign state is considered a dissolution or the opposite of the unification into the Yugoslav state in 1918 and 1943/45. The break-up was legally and politically based in self-determination, a principle on which the Yugoslav state was formed and on the grounds of which the Republic of Slovenia severed its political and legal ties with Yugoslavia. The author thoroughly examines the three instances in which self-determination was exercised as a way in which the Slovenians either entered the Yugoslav state (1918, 1943/45) or departed from it (1990/91). Although the principle of self-determination was asserted by a different entity in each of these instances, their purpose and substance are connected in terms of cause as each previous instance served as a prerequisite for the success of the next. Especially without the second instance of self-determination, which served as the basis for the second Yugoslavia (1943/45–1991), it would be impossible to achieve the third self-determination, which led to the formation of the independent and sovereign state of Slovenia in 1991.

Contextualizing the Physician Charter on Professionalism in Qatar: From Patient Autonomy to Family Autonomy.

The Physician Charter on medical professionalism has been endorsed by professional organizations worldwide, yet it is unclear if this Western framework of professionalism is applicable in non-Western countries. This study examines how physicians practicing in a Middle Eastern context perceive the terms, principles, and commitments outlined in the charter. In May 2013, the authors conducted 6 focus groups with 43 clinician-educators practicing at Hamad Medical Corporation in Doha, Qatar, to discuss the applicability of the Physician Charter in a local context. The research team coded and analyzed transcripts to identify sociocultural influences on professionalism. Participants generally expressed agreement with the applicability of the charter's principles to physician professionalism in Qatar. However, 3 contextual factors (religious beliefs and practices, family-centered decision making, and multinationality) complicated the application of the core principles of patient autonomy and social justice. Islamic beliefs reinforced the importance of professional values such as altruism, but presented a barrier to the principle of self-determination for female patients. The family-centered culture in Qatar called for enlarging the scope of patient-centered decision making to include the patient's family. Qatar's multinational population prompted debate over equal treatment and how to conceptualize and implement the principle of social justice. Several sociocultural contexts influence the conceptualization of the principles of medical professionalism in Qatar. The findings suggest that contextual factors should be considered when developing or adopting a professionalism framework in an international setting and context.

The New Scientific Policy: The Early Soviet Project of “State-Sponsored Evolutionism”

The aim of the present paper is to show that the fundamental transformation of Russian society that had been realized by the Soviet government since the early twenties included not only the reforms of scientific institutions or the creation of a new educational system but also a radical reevaluation of the social role of the expert knowledge. It proposes a transversal analysis of the institutional history of the Soviet science and its complex relations with the state apparatus in order to show that the research policy of the twenties should be considered not only as an attempt to stimulate a “catch up growth,” but rather as an anticipation of some essential problems discussed in the contemporary social epistemology. The early Soviet government had a very particular vision of “social engineering” that was both utopian and extremely pragmatic. The Soviet Union was considered as the first truly “scientific state,” based on the idea that the historical development could be accelerated due to a party lead popular mobilization. The result of this conviction was the policy of “state-sponsored evolutionism” that created a high demand for the experts in all fields of knowledge. First, it focuses on the dualism of scientific institutions in the twenties when the “old” Academy of Sciences composed of the scientists formed under the Old Regime was disputing the role of the leading research institution with the newly created Communist Academy. This period could be described as the era of “New Scientific Policy” or some kind of “primitive accumulation” of the expert knowledge. Later it explores another dualism that existed since the creation of the Soviet Union: it consisted of the opposition between two rival projects of state building. The first one was promoted by State Planning Committee (Gosplan) and made an emphasis on the administrative division based on economical basis, the second one was a project of People’s Commissariat of Nationalities (Narkomnats), that proposed a creation of multiple soviet “national states” based on the principle of self-determination. Both projects required a large amount of data in various fields of knowledge and promoted a creation of new research institutions and favored the pioneering study in both central economy planning and social engineering. The aim of this article is to place the soviet experience in the comparative perspective, claiming that the communist modernization should be analyzed in the context of elaboration, in Foucault’s terms, of new “governmental technologies” which are supposed to be the products of new research institutions directly or indirectly influenced by a modern state.

PD-2-5 - Can the patients always make rational choice?: Libertarian paternalism and behavioral economics perspectives

In treatment selection of patients with advanced cancer, the informed consent has been performed widely on the basis of the principles of autonomy and self-determination of the patient. On the other hand, there are a lot of patients, who can not decide which treatment is right for them. From behavioral economic perspective, most of all patients does not behave along with completely rational decision but with bounded rationality. The concept of “libertarian paternalism” in behavioral economics, which is sometimes described as a form of soft paternalism may provide win-win solutions in communication between patients and medical staff. In this session, I will introduce the new concept and discuss how to use the concept in the Japanese cancer medicine and care.

The League of Nations Mandate System and the Palestine Mandate: What Did and Does It Say about International Law and What Did and Does It Say about Palestine?

This article examines the essential characteristics of the Palestine Mandate in the context of the League of Nations mandate system as a whole, pointing out its particular nature. It commences with a brief look at the Versailles environment and the relevance of the principle of self-determination, with an emphasis upon the development of the mandate system. The article then turns to consider the Palestine Mandate in its historical framework and the exceptionality of this Mandate. The distinction between the international allocation of the status of a territory and the determination of its boundaries is posited.

Reconfiguring the Contours of Statehood and the Rights of Peoples of Disappearing States in the Age of Global Climate Change

Many of the elements that have traditionally supported state level normative self-organization, most notably territory, are being actively undermined by rising sea levels, flooding, desertification, amongst other climate change effects. As more and more states come to be redefined as “disappearing”, that is, states losing their territories to the natural environment through no specific fault of their own, a question arises as to how displaced communities will be assisted in their desire (and right) to continue to practice principles of self-determination and self-government? What is clear is that the international community can no longer continue with the fiction of a unified or unchanging model of the liberal democratic state. Instead, alternative ontological models of sovereign community are required, as is a re-imagining of how statehood might be re-constituted in the future in response to deepening ecological problems. The international community must now begin to address the immanent nature of threats posed to disappearing states and consider how a model of statehood that does not privilege territory as a fixed component of state identity could be operationalized. This paper considers how a democratic reform of statehood might proceed and resettlement agreements for displaced communities determined. The transition to an era of peaceful sovereign relations under deteriorating global climate conditions and growing natural resource scarcity, it argues, will require a significant extension of established traditions of democratic compromise, human rights solidarity and cosmopolitan justice.

Self-Determination and Power-Sharing in Israel/Palestine

This article surveys three different concepts of political self-determination that may be applied to the Israel/Palestine conflict, and considers how they may or may not justify power-sharing arrangements of the type suggested by Brendan O’Leary. In addition, the various forms of both two-state and one-state solutions are considered for their congruence with the best understanding of self-determination. The three forms of the self-determination principle are: statist, national, and ecological. The author argues that only the last is justifiable as the basis for a settlement of the conflict, as well as more generally for twenty-first century conflicts over resources and territory. In theory, ecological self-determination would justify a one-state solution that would unify the region in order to maintain its resources sustainably. But both solutions face myriad political obstacles. The author discusses the difference between consociation and federation, two theories of power-sharing, both with disadvantages, and concludes that O’Leary has suggested an interesting approach that focuses not on the end-state solution, but on intermediate proposals to begin the process of cooperation. The author concludes by maintaining that the main obstacles are neither philosophical nor policy-oriented, but political, and suggests some reasons for cautious optimism in that regard.

Thomas Piketty's Capital in the Twenty-First Century: Economic Analysis or Tract for the Times?

ABSTRACTI argue that the French economist Thomas Piketty's 2014 (American) bestseller Capital in the Twenty-First Century is not the treatise of economic analysis that its author purports it to be, but is rather a work of political partisanship making claims about the supposedly inevitable increase in the share of national income deriving from capital as opposed to labor—to the point where Chinese bankers or Middle Eastern oil sheiks might own “everything,” even people's bicycles, barring either world catastrophe or broad government intervention—that lack any empirical support or logical plausibility. As a professed heir to (what he understands to be) the spirit of the French Declaration of the Rights of Man and Citizen, as distinguished from the American Declaration of Independence, Piketty displays none of the respect for the rights of the individual—including the right not to have lawfully acquired property arbitrarily confiscated by government—that the original American political tradition entails. Nor, indeed, despite his profession of staking everything on “democracy,” does Piketty display any regard for the principle of self-government. Rather, his ultimate, admittedly “utopian” goal, outlined in Part IV of his book, is of a European “budgetary parliament,” selected in vague fashion by the existing parliaments of Eurozone members (not by the people themselves), that would hold sweeping powers to confiscate any privately owned wealth that its members regarded as “excessive” and redistribute it to others they deem more needy or deserving. This body would exacerbate all the difficulties resulting from the European Union's widely publicized “democracy deficit.” Yet Piketty implies it should ultimately be a model for world governance. Ultimately, his cause is the opposite of democracy: the unfettered continental or even worldwide rule of unaccountable bureaucrats, advised by “intellectuals” like Piketty himself, convinced that they know far better than their fellows how the latter should live their lives, and claiming the authority to regulate it accordingly.

Recovery and Borderline Personality Disorder: A Description of the Innovative Open Borders Program

Although Recovery-oriented approaches to delivering mental health services are now promoted in health services across the globe, there is an ongoing need to adapt these approaches to meet the unique needs of consumers with a diagnosis of borderline personality disorder. The lived experience of borderline personality disorder includes emotional dysregulation, intense and unstable relationships, self-harming behaviours, fear of abandonment, and a limited capacity to cope with stress. These experiences present a range of challenges for those who deliver Recovery-oriented services and advocate the principles of empowerment and self-determination. This paper describes a novel crisis intervention program, “Open Borders,” which has been established to meet the unique needs of people with a borderline personality disorder diagnosis. Open Borders is a Recovery-oriented model that is run at a public, state-wide residential facility for mental health consumers in Western Australia, and offers alternative pathways to achieving mental health Recovery, including self-referral and short-term admission to a residential facility. The aims of the program are to break the cycle of hospital admission, reduce rates of self-harm, and support the complex Recovery journey of consumers with a diagnosis of borderline personality disorder. Open Borders provides an exemplar for other health service organisations seeking to establish Recovery-oriented crisis intervention alternatives.

Hospitalized hunger-striking prisoners: the role of ethics consultations.

We refer to hospitalized convicted hunger strikers in Padua Hospital who decided to fast for specific reasons, often demanding, to be heard by the judge, to complain about the existing custodial situation or to claim unjust treatment. The medical ethics of hunger strikers are debated because the use of force feeding by physicians is widely condemned as unethical, but courts, in Italy, sometimes order to transfer the convicted person to hospital and oblige healthcare practitioners to perform forcible feeding. This can engender a profound insecurity for the physicians taking action on the one hand, while preventing patients from fully availing themselves of this principle of self-determination on the other. Physicians are mainly concerned about how to manage this situation and they may request ethical consultation. When it comes to managing hospitalized hunger strikers, the ethics consultant may be able to facilitate the relationship between physicians and hunger strikers, enhance the latter's trust in the former, ensuring that strikers are aware of the risks associated with their fasting, and helping them to arrive of their own free will at the right decision concerning their behavior and their demands.

Self-Determination and the Right to Health: Australian Aboriginal Community Controlled Health Services

The Aboriginal Community Controlled Health sector in Australia has been described as a best practice example of the implementation of the right to self-determination as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. By prioritizing the expression of Indigenous cultural values within a predominantly western health sector, Aboriginal Community Controlled Health Services shift the dynamics of power to centre Aboriginal knowledges, understandings and perspectives. The effect, over time, has been to establish more equitable health services based on principles of self-determination, empowerment and coexistence. In this article, I examine more closely the role of Aboriginal Community Controlled Health Services and the tensions that exist in embodying the principles of self-determination and the right to health at international law in the Australian health care context.

El Frente Polisario, las normas del derecho internacional y el derecho de la Unión Europea. Apuntes en torno a la sentencia del Tribunal General, de 10 de diciembre de 2015, T-512/12, Frente Polisario/Consejo

The judgment of the General Court of 10 December 2015 is extraordinary for several reasons. First, the judgment raises important legal questions in the field of the relationship between European Union law and international law. Secondly, the General Court, invoking reasons of doubtful legality, admits the capacity of the Polisario Front to institute proceedings as a legal person directly and individually concerned, under article 263 TFEU, by the Decision of 8 March 2012 on the conclusion of an agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco. Thirdly, for the first time ever an individual applicant has been able to bring an action for annulment and has obtained the annulment of a decision of conclusion of an international agreement between the European Union and a third State. Fourthly, for the first time the European Union judge has laid down a duty, for the Council of the European Union, to examine carefully and impartially, prior to the conclusion of an international agreement, all the relevant elements to ensure that the potential implementation of such agreement does not lead to, or indirectly encourages, the violation of the fundamental rights of the people of a controversial territory, or benefits therefrom, and in particular the rights derived from the principle of permanent sovereignty over natural resources as a corollary of the principle of self-determination. Fifthly, the General Court omits in its judgment to consider the legal consequences, under international law, of the annulment of a domestic decision that expresses the consent of the European Union to be bound by an international treaty. Sixthly, the judgment of the General Court does not set any limitation ratione temporis on the effects of the judgment and, therefore, fails to ensure the necessary legal certainty, in particular for the economic operators, as regards the applicability of the international commitments entered into by the European Union within the Union’s legal order.