Search results for ___ in ___ using the tag self determination between 01/01/2008 and 14/06/2024 by ___.

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Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?

International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of…

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Will history repeat itself? Anticipating the ICJ advisory opinion on the legal status of Israel’s occupation and its consequences

The Request for Advisory Opinion On 30 December 2022 the UN General Assembly adopted Resolution A/RES/77/247, containing the annual indictment of Israeli…

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The UK Supreme Court in the Scottish case: revitalising the doctrine of remedial secession

On 23 November 2022, the UK Supreme Court issued an important judgment on the question of the Scottish referendum. The judges unanimously ruled that the Scottish government…

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The UK Supreme Court Reference on a Referendum for Scotland and the Right to Constitutional Self-determination: Part II

In a previous post, I introduced the recent decision of the UK Supreme Court that the Scottish parliament lacks the authority to legislate for an…

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The UK Supreme Court Reference on a Referendum for Scotland and the Right to Constitutional Self-determination: Part I

The UK Supreme Court has ruled—unanimously—that the Scottish parliament lacks the authority to legislate for an independence referendum (para 92). Moreover, in passing the Court also appears…

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Orwellian Rulings of the Russian Constitutional Court on the Donetsk, Kherson, Luhansk and Zaporizhzhia Provinces of Ukraine

With its historical denialism, Newspeak and propaganda, Russia’s aggression against Ukraine has given new life to George Orwell’s evocation of how political language can be…

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To Perfect the Imperfect Title: How Referenda were Historically Manipulated to Justify Territorial Conquest by Nations

Since the 23rd September 2022, Russia organized referenda in the occupied Ukrainian regions of Luhansk, Donetsk, Zaporizhzhia, and Kherson. On 30 September 2022, after declaring…

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Western Sahara before the African Court of Human and Peoples’ Rights:  Is there a “brother’s keeper” obligation for the Member States of the African Union?

In the current international context where States are ‘(re)discovering’ the virtue of international judicial litigation tools (before the ICJ or before the European Court of Human…

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Remedial Peoplehood: Russia’s New Theory on Self-Determination in International Law and its Ramifications beyond Ukraine

The evolution of samoopredelenie or self-determination dates back to the early 20th century when these terms were used by the Russian Bolsheviks and the West respectively to advance…

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The Bougainville Independence Referendum and the ‘Duty to Consult’

  Earlier this month, the Bougainville island region of Papua New Guinea (PNG), announced that almost 98% of Bougainvilleans voting in the recent independence referendum had voted…

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