Right Of Self-determination Research Articles

Kurdish Issue in Iraq and Justifications of Kurdistan Region’s Independence Referendum in 2017

The right of self determination is an internationally endorsed right of nations, especially those nations affected by suppression and assimilation campaigns on their own land. Therefore, nations suffering from economic, political, cultural, and in extreme cases religious and historical marginalization have the right to establish their own independent states. One way to achieve this goal is holding public referendum. Referendums provide the oppressed nations with the opportunity to express their will in a democratic manner and ask for implementation of their inalienable right of self-determination.
 Since the establishment of the state of Iraq, Iraqi Kurds have been repeatedly oppressed and marginalized by successive Iraqi governments. Brutality of governments in Baghdad pushed Kurds to seek independence to no avail. The region’s geopolitical realities and ongoing conflicts and rivalries over controlling the natural resources of the region have played a major part in Kurdish failure in establishing an independent state. This research explores the diverse aspects of the Kurdish issue in Iraq with the aim of signifying the role geopolitics has played in creation and continuation of problems between the Iraqi government and Kurdistan Region.
 In order to achieve its stated goal, the research is divided into the following sections: First, an introduction, followed by a section dedicated to emergence and evolution of the Kurdish issue in Iraq. The third section discusses the justifications of Kurdistan’s independence referendum, which is followed by the conclusion section that presents the findings and recommendations of the study.

기혼 남녀의 정서적 성숙 및 자기지각이 부부간 성적 자기결정권에 미치는 영향과 TV 불륜 드라마에 대한 비판의식의 매개효과 검증

This study is an empirical study to identify married men and women's perception of sexual self-determination and related factors, with the recognition that having a clear awareness of the right to sexual self-determination between husband and wife is an effective approach to preventing coercive sexual problems in extramarital relationships. This study aims to reveal the direct effect of emotional maturity and self-awareness on married men and women's perceptions of sexual self-determination between couples, as well as the mediating effect of criticism of TV dramas with the theme of infidelity. The research data are obtained by conducting an online survey of married men and women(614), and the data are analyzed based on the structural equation model. As a result, first, married people have a fairly good level of awareness of sexual self-determination, which shows higher levels of women than men. Second, it is found that married men and women's self-awareness does not directly affect their sexual self-determination rights, but can significantly affect their critical consciousness of adultery drama as mediators. Third, it is confirmed that married people's right to sexual self-determination is greatly affected by their emotional maturity. The positive effect of their emotional maturity on their sexual self-determination rights is further strengthened through the critical consciousness of married people against affair drama. It is verified that critical consciousness on infidelity drama can have a strong impact directly and indirectly on married couples' sexual self-determination rights. It shows that the use of media such as adultery dramas is effective in strengthening the right of sexual self-determination between married men and women. Emotional maturity and self-awareness directly or indirectly affect the right of sexual self-determination between couples. In addition, it has verified that it is a psychological characteristic that can significantly affect the consciousness of criticism of adultery dramas, which can have a significant impact on the right to sexual self-determination between them. The practical and policy implications of the research results are discussed to find ways to improve married men and women's awareness of the right to sexual self-determination between husband and wife.

Learning analytics as data ecology: a tentative proposal

Central to the institutionalization of learning analytics is the need to understand and improve student learning. Frameworks guiding the implementation of learning analytics flow from and perpetuate specific understandings of learning. Crucially, they also provide insights into how learning analytics acknowledges and positions itself as entangled in institutional data ecosystems, and (increasingly) as part of a data ecology driven by a variety of data interests. The success of learning analytics should therefore be understood in terms of data flows and data interests informing the emerging and mutually constitutive interrelationships and interdependencies between different stakeholders, interests and power relations. This article analyses several selected frameworks to determine the extent to which learning analytics understands itself as a data ecosystem with dynamic interdependencies and interrelationships (human and non-human). Secondly, as learning analytics increasingly becomes part of broader data ecologies, we examine the extent to which learning analytics takes cognizance of the reality, the potential and the risks of being part of a broader data ecology. Finally, this article examines the different data interests vested in learning analytics and critically considers implications for student data sovereignty. The research found that most of the analyzed frameworks understand learning analytics as a data ecosystem, with very little evidence of a broader data ecological understanding. The vast majority of analyzed frameworks consider student data as valuable resource without considering student data ownership and their data rights for self-determination.

Free access to emergency oral contraceptives (EOCs) in the European Union: A regulatory vacuum to be filled.

According to the World Health Organization (WHO), any woman in childbearing age who have decided not to take permanently an oral contraceptive but who are sexually active has the right to access emergency contraception (EC). Despite this, in many European countries there are no specific laws governing the criteria for access to emergency oral contraceptives (EOCs) for girls under 18, especially about the need for third party consent. This normative vacuum is dangerous as it risks creating confusion and entrusting the management of the fundamental right of self-determination to the discretion of others. Moreover, in European Union (EU) countries, there is an inequality in terms of access to contraceptive supplies, reimbursement criteria and the availability of information online. Our article compares the criteria for access to EOCs (Ulipristal Acetate-UPA and Levonorgestrel-LNG) in the various EU countries to highlight possible disparities and consequent inequalities. Government and ministerial websites, European agencies websites, and Contraceptive Use by Method 2019 (WHO) have been consulted. There are some differences between the various European countries that could configure inequality in EU countries. It would be appropriate a definitive levelling of the legislation of the European Union on emergency contraception associated with massive information and awareness campaigns.

From Constitutional Protections to Medical Ethics: The Future of Pregnant Patients' Medical Self-Determination Rights After Dobbs.

This article argues that the Supreme Court's decision in Dobbs is likely to impact medical decision-making by pregnant patients in a variety of contexts. Of particular concern are situations where a patient declines treatment recommended for its potential benefit to the fetus and situations where treatment is withheld due to potential risk to the fetus. The Court's elevation of fetal interests, combined with a history of courts using abortion jurisprudence to guide their reasoning in compelled treatment cases, means that Dobbs has the potential to limit patient autonomy in a wide array of clinical settings. The article calls on professional medical associations to issue ethical guidance affirming the duty to respect the medical self-determination of pregnant patients.

The United States of America and the Iraqi identity crisis after 2003

The referendum is a mechanism whereby people can give their opinion on the public issues whether on the constitutional, legal or political issues. However, the referendums can be held by the executive or legislative powers or by the president of the state through a constitutional text. Kurdistan region of Iraq (KRI) conducted a referendum on 25 September 2017 by an overwhelming majority vote of roughly 93.25 percent in favour of Kurdistan secession. Therefore, this paper aims to investigate which sort of referendums exercised by Kurdistan Regional Government (KRG), and the constitutionality of the Kurdistan region referendum from the perspective of the Iraqi Constitution. The paper discovers information from secondary sources to cross-examine opinions and reach conclusions. It is concluded that the referendum in the Kurdistan region was a political referendum, therefore its constitutionality can be assumed that imposing the right of self-governance as a law cannot establish a State; it can only occur with the endorsement of the mother State, through a constitutional structure. At the other side, the question of the referendum's constitutionality is essentially a matter of legal controversy, which goes further than the facts of the constitutional framework.

Municipal Elections: Peculiarities and Challenges in Georgia

After the restoration of independence, in the 90s, along with other vital issues of state importance, the process of bringing municipal democracy closer to the Georgian reality began actively. A number of factors prevented perfecting the local management system in Georgia, therefore, it is still in the process of reforming. The most important component, which enables municipal bodies to function in accordance with modern international standards and is a guarantee of effective self-government, is the rule of their formation. 
 Electiveness, that is, the possibility of people's participation in the creation and activities of municipal bodies, is a visible expression of the exercise of the right of local self-government. It is noteworthy that the municipal elections, in their essence, are characterized by a number of peculiarities and sharply differ from the elections of the central governmental institutions. Accordingly, national states, including Georgia, try to create legislation that is adapted to the political and social reality of their own country and reflects traditions and legislation which will provide the realization of real content of local self-government and the possibility of involvement of the population of the municipal unit. In the relevant electoral legislation, substantial changes were made more than once, which had a positive impact, mainly, on the result of the October 2, 2021 local self-government elections. Additionally, municipal electoral legislation and practice still face challenges, on which answers depends the future of Georgia as a democratic and legal state largely.

Peace negotiations between Russia and Latvia in 1920: Premises, key issues, and outcomes

The conclusion of the Peace Treaty between Latvia and the RSFSR on August 11, 1920 marked an important stage both in the process of international recognition of Latvia and in the normalization of international relations in the region in general, and charted a new course of the foreign policy of the Soviet state. On the basis of a wide range of archival sources (transcripts of the plenary meetings of the RSFSR and Latvia delegations, the meetings minutes of the Soviet-Latvian boundary commission, etc.), as well as recent Russian and foreign historical researches, the paper examines a set of issues related to the conclusion of the Treaty. The key issues that predetermined the agenda of the Soviet-Latvian peace negotiations included border demarcation, the exchange of war prisoners, the return of property evacuated to Russia, the return of refugees and the establishment of procedures for citizenship option. The author notes that the issue of border delimitation and demarcation was one of the most controversial and painful during the negotiations. The ethnographic principle for future borders was inextricably linked with economic and military-strategic considerations. The author examines territorial concessions made by the RSFSR to Latvia and concludes that they served as a demonstration of the Soviet Russia readiness to take into account the territorial claims of the Baltic republics, which allowed it to achieve peace in the region and fix new borders, as well as to establish trade relations indispensable for the survival of a young Soviet state during the Civil War. At the same time, the Soviet representatives took a hard line on compensations for the damage caused during hostilities and the return of property evacuated from Latvia. The author concludes that the Soviet-Latvian treaty and similar treaties with other Baltic states not only enabled the establishment of a new balance of power in the East Baltic region for the interwar period and laid the foundation for the Soviet foreign policy towards the Baltic republics, but also served as a vivid example of realization of ‘the right of self-determination of peoples up to secession’. Finally, these treaties became one of the means to break the diplomatic isolation of Soviet Russia.

THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL PROTECTION OF LOCAL SELF-GOVERNMENT RIGHTS IN THE NATIONAL COURTS’ PRACTICE: THE UKRAINIAN EXPERIENCE

Background: The article is devoted to the consideration of the principle of judicial protection of local self-government rights in the practice of the Supreme Court. The authors examined the constitutional and international legal guarantees of local self-government rights and emphasised that, compared to individual European states, Ukraine received the proper legal basis for the effective guarantee and protection of local self-government as an important institution of the democratic state. Attention is paid to the analysis of the principle of judicial protection of local self-government in Ukrainian and European scientific literature. It is emphasised that guaranteeing the effectiveness of the local self-government is one of the main purposes of judicial protection of local self-government rights. The article also considers certain problems related to the proper implementation of regulatory provisions on judicial protection. In particular, it emphasises the importance of substantiating the appeal to the judicial authorities specifically for the purpose of protecting the interests of the territorial community in legal relations with ate power. The authors also outline the problem of choosing a jurisdiction for the consideration of disputes in which local self-government bodies act as one party. It was determined that in terms of the right of a local self-governing body to apply to a court with a claim against another public authority in order to protect the rights and interests of the relevant territorial community, a certain practice has been formed. On the basis of the analytical research, certain categories of cases considered by Ukrainian courts in the context of the right to judicial protection of local self-government were identified and analysed. In particular, the cases of lawsuits by local self- government bodies to the Verkhovna Rada of Ukraine regarding the formation and liquidation of sub-regional administrative-territorial units were analysed; cases of claims of local self- government bodies to the Cabinet of Ministers of Ukraine regarding territorial transformations; cases of lawsuits between local self-government bodies. Special attention is paid to the practice of the prosecutor’s appeal to the court in the interests of the state in the person of the local self- government body. Methods: The authors used comparative synthesis methods and information analysis. Actual empirical data are used to argue for the conclusions. Results and Conclusions: The authors draw conclusions about the implementation of the principle of judicial protection of local self-government rights in the practice of Ukrainian courts. Separate problems concerning the possibility of a local self-government body appealing to the courts are also analysed.

Resilience and Resistance: Indigenous Agency of Hawai’ian Indigene in Lynn Kalama Nakkim’s Mahele o Maui

In recent years, the emergence of indigenous literature contextualizes the historicity of colonialism and the ensuing resistance. This present study articulates how the Native Hawai’ians articulate their resistance against American domination through the resilience of their cultural heritage and advocates for political changes, as is reflected in Lynn Kalama Nakkim’s Mahele o Maui. The study applied an econarratological perspective which foregrounds the reader's active role in reimagining a different socio-cultural perspective of the natural environment from Mahele’s perspective and engaging with other (non-Western) environmental imagination. The theory of resilience and resistance, as stated by Adamson and Molina, underlines how indigenous Hawai’ian tradition manages to persevere and transform through the Western model of narration, a novel. The study explores how Nakkim’s fiction articulates the indigenous epistemology of Aloha Aina to actively resist American domination with the eventual goal of achieving sovereignty and independence. The finding concludes how Native Hawai’ians’ literature has a similar concern with other indigenous struggles in the world, advocative and politically oriented in outlook, echoing their struggle for the right of self-determination and eventual sovereignty.

Femicide and forensic pathology: Proposal for a shared medico-legal methodology

In a previous work, authors have proposed a medico-legal definition of femicide as the murder due to the failure to recognize the right of self-determination of women. The aim of this paper was to apply the proposed definition to a cohort of cases to characterise femicides and female homicides and assess whether femicides can be considered a distinct entity or not. A comparison between female and male homicides was performed to assess common and distinctive features. Femicides were identified and compared to the cohort of non-femicide female murder. Results were compared to those reported in published forensic studies.Significant associations between female and male homicides were found for sex and partner/ex-partner offender, sex and indoor homicide and sex and asphyxia as dynamic of death emerged. A higher prevalence of indoor homicides and asphyxiation and of partner relationships were documented in female homicides. Gunshot, blunt injuries and cut wounds are well represented in both types of homicides. Most affected sites are back and chest in male homicides, and head, breasts, pubis, and limbs in female homicides. When comparing femicides and female homicides, a positive association between strangulation as harmful mean and a negative one between femicides and indoor homicides were found.Male and female homicides can be considered as two distinct victimological phenomena. Focusing on femicide allows to establish injuries and circumstantial patterns, that could represent evidence of a specific murder. More studies with a standardized data collection are needed to corroborate the theory of this paper.

THE IMPACT OF SMALL ARMS ON CHILDREN AND GIRLS IN ARMED CONFLICTS.

The use of arms whether small, light, improvised or weapons of mass destruction in conflict, is not new; and this explains why the right of self-defence and self determination are part of the international law. What is rather new is that access to these weapons is easy and cheap. Records have it that you can exchange an AK47 for as little as a bag of grain, and studies have it that, there are more arms with the militias than in the National armies of most African countries. And what is most unacceptable is the indiscriminate use of these weapons, against those that the humanitarian laws are out to protect. The proliferation of these weapons in the hands of undisciplined actors has outpaced the efforts to ensure compliance with the basic rules of warfare. The aftermath is levels of wanton violence and streams of horrific images.

“Should I Have Been Carried From the Womb to the Grave?” The Judicial Practice of Pecuniary Damages for Birth With Genetic or Teratological Harm in Hungary and Its Possible Impact on Medical Practice

The medical content of the concept of fetal genetic or teratological harm, or of a disorder incompatible with postnatal life, which is a legal condition of the right of self-determination to terminate pregnancy granted until the 20th/24th week of pregnancy or without time limitation in Hungary, is changing as medical science and diagnostics evolve. Medical bodies, legislature, and judiciary – as well as families – need to reflect on this fundamental issue of society. The article draws lessons and makes recommendations based on the results obtained in the investigation of the practice of the Supreme Court (now: Kúria) and Regional High Courts of Appeal in cases decided between 2015 and 2021. The compensation for damage to parents was granted either to the full cost of raising the child born with an unrecognized genetic or teratological defect or, conversely, merely the additional costs causally related to the nature-based harm were awarded. This survey of the entire body of domestic case law reveals the scope of damages to be paid and the types of wrongful conduct in the diagnosis, information, screening, targeted testing, licensing, or determination of likelihood of disorder. Contrary to its national scope, the article sheds light on correlations useful for the international audience of wrongful birth cases regarding the presumed effect of high compensation amounts on the possible increase in the medical availability of abortion indications.

Is It Worth Knowing That You Might Die Tomorrow? Revisiting the Ethics of Prognosis Disclosure.

Ethical discourse on prognosis disclosure is not yet well established. The core of the problem continues to be the dilemma between the right of self-determination and non-maleficence of patients. The prognosis disclosure policy based on Kantian autonomy provides a good solution for the problem. The policy includes demand for strict truth telling and its compatibility with patients’ best interest. However, there remains a discrepancy between theory and practice, especially when prognosis is disclosed just prior to their death. Kantian theory of prognosis is supplemented by a moralistic perspective. The moralistic perspective places high importance on temporality and relationships with others, which all human beings inherently possess. From the moralistic viewpoint, decisions about prognosis disclosure at the final stages of life must be individualized in order to be authentically autonomous. The decision to disclose a prognosis or not can only be determined by the relationships fostered over time with patients.

Dynamics of Indian Human Rights Violation: A Case Study of Resurgence of Freedom Struggle In IIOJ&K

South Asia has witnessed one of the most protracted social movements for liberation in India Illegally Occupied Jammu and Kashmir. Since 1947, despite UN resolutions in favor of granting the right of self-determination to the people of Kashmir, India has not shown compliance. With the shrinking of hopes for a political solution, however, once again, the resurgence of freedom struggle in the Indian Illegal Occupied Jammu and Kashmir provoked by the killing of a young Kashmiri freedom fighter named Burhan Uddin Wani in 2016 was further triggered by the abrogation of article 370. Hence, this research study aims to highlight the resurgence of the freedom struggle and the Indian hard power response towards a political solution and also to examine the uncompromising political approach towards Kashmiris, as well as the lackluster response of the international community particularly the Western bloc. This paper investigates the dynamics of human rights violation in Kashmir by the Indian armed forces through the lens of framing theory and theory of conflict analysis.

THE EVOLUTION OF LEFTIST POLITICS IN KHYBER PAKHTUNKHWA

This paper seeks to explore the history of the evolution of leftist politics in Khyber Pakhtunkhwa province of Pakistan, which underwent a long process of transformation. Beginning with anti-colonial sentiments of opposing the British imperialism in undivided India, the revolutionary struggle fused with Pan-Islamism during the Khilafat movement and finally came into direct contact with Bolshevik ideology at the end of Hijra (travel) to Afghanistan and beyond. It is important to note that Khyber Pakhtunkhwa and recently merged districts of former FATA had played an important role in the espionage and export of communist ideology into British India. It is also worth mentioning that Communist Party of India (CPI) viewed the right of self-determination as genuine right of the Muslim and supported the establishment of Pakistan by many ways. The leadership of CPI urged communists to support Muslim League (ML) candidates in 1946 General Elections which is considered the basis of Pakistan movement and many of them like Mian Iftikhar-ud-Din have joined ML It is therefore interesting to investigate the evolution and development of leftist politics in Khyber Pakhtunkhwa province of Pakistan, so that to locate the social and political history of its gradual developments. Keywords: Pan-Islamism, revolutionary, anti-colonial, communist, nationalist, NWFP, progressive

Ранняя история чешского города Пльзень по данным письменных источников и археологических исследований

The article examines the early history of one of the largest historical cities of the Czech Republic – Pilsen. It is shown that the city went through two stages in its development: initially it was one of the most important regional towns of the medieval Bohemian state, and in 1295, in the immediate vicinity of the old settlement, a royal city was founded, endowed with self-government rights and other privileges on the basis of city law, which became the center of economic life and a point of concentration of the population. By the end of the XIV century, it became the third largest city in the Czech Republic and inherited the name Pilsen, leaving the old settlement with the name Old Pilsenets.

In Search of Consistency in International Law on the Right to Self-Determination, Non-Interference, and Territorial Integrity

The right to self-determination and its complexity in relation to non-intervention and territorial integrity continue to be the subject of numerous academic inquiries. Governments have recently encountered public demands for this right, and the people occasionally experience repression to stifle their voices. International groups that monitor and record abuses of various human rights have sparked interventions because to a post-cold war focus in defending collective rights. It is still true today that the promotion of the right to self-determination has given rise to international practices that have significantly impacted and clashed with the principle of non-interference. This paper focuses on the consistency or lack of in international law on the right of self-determination, the principle of non-interference, and the contemporary legal trend to promote the rights of all peoples within breaching the principle of territorial integrity. While tracing the relevant legal shifts in both international legal and political practices and in emerging doctrines and principles in international law, this study provides ideas to the discussion of the concept of non-interference. International law prohibits the use of force against an independent state; the only exception is where there is a flagrant violation of human rights and a credible threat to international peace and security. As a result, force can only be used as a last resort if all other efforts to reach a peaceful settlement have failed.

The Right of Local Self-Government to Judicial Protection in the Light of Amendments to the Constitution of 2020 About the Unified System and Functions Public Authorities

Problem statement. In connection with the consolidation in Articles 132 and 133 of the Constitution of such new legal definitions for domestic legislation as “unified system of public power” and “public functions”, The problem of bringing the right of local self-government to judicial protection regulated in the current legislation in accordance with the specified amendments to the Constitution of 2020 seems urgent. In addition, taking into account these constitutional innovations, the problem of providing local self-government bodies with the opp ortunity to use the tools of constitutional justice to protect their rights is of undoubted interest. The goals and objectives of the study are related to the systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation, relevant regulatory legal acts to formulate a set of scientifically sound conclusions and practical recommendations for bringing legislation regulating the right of local self-government to judicial protection in accordance with constitutional innovations on the unity of public authority and public functions state authorities and local self-government bodies.. Methods. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of individual legal institutions of municipal law, including the right of local self-government to judicial protection. Brief Conclusions. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of legislation regulating the right of local self-government to judicial protection. The theoretical and methodological and scientific and practical issues of the formation and development of the methodology of the formation of the right of local self-government to judicial protection are disclosed. The assessment and forecasts of the evolution and systematization of this right in the constitutional legislation in accordance with the constitutional innovations of 2020 are given. In the constitutional and legal aspect, the proposals on the protection of local self-government bodies of their rights in the Constitutional Court are analyzed.

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.