Application of the Law of Self-Determination in a Postcolonial Context: A Guideline

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 9권 / 1호
ㆍ저자명 : M. Ya’kub Aiyub Kadir

목차

I. Introduction
II. Postcolonial Self-Determination:Two Approaches
III. Developing a Guideline for the Application ofPostcolonial Self-Determination
A. Normative Framework Development
B. Strengthening Institutional Mechanism Development
C. Developing Awareness of the International Community
IV. Conclusion

영어 초록

The development of the law of self-determination has been stagnant in terms of scope and content in its application in the postcolonial context. It requires a new paradigm to persuade the United Nations, its specialized agencies and affiliated organizations to address current phenomenon regarding normative, institutional and community awareness. This research has revealed that the essential meaning of self-determination is a remedial means for an oppressed person both in colonial and postcolonial context. While the colonial context has ended, postcolonial self-determination remains focussed on both repairing the historical wrongs of the colonial context, responding to the breakdown of a state, and recovering from persistent violations against anyone in the State. Accordingly, this paper will contribute to the development of guidelines for these applications: which primarily refer to some degree of internal self-determination (autonomy); and when this proves unsuccessful, external self-determination (independent) can be proposed as the last resort.

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