Self-Determination

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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 practices in the West Bank, East Jerusalem and Gaza. In addition, the resolution contains one novelty, a request addressed to the ICJ to render an Advisory Opinion on the following questions: (a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967 including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practices of Israel referred to in paragraph 18(a) above [the previous paragraph] affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? Question…

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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 could not pass legislation paving the way for the second referendum without the approval of the UK parliament. The reasoning of the UK Supreme Court is heavily based on the…

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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 independence referendum. This post will focus on the part of the Court’s judgment where it appears to have denied that self-determination applies to Scotland. While it is of course true…

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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 to have denied that self-determination applies to Scotland. While it is of course true that Scotland is not a colony in the traditional sense, as the Court noted, the ruling…

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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 used to obscure or misrepresent reality. Does the same hold true for legal language? On 30 September 2022, following the illegal pseudo-referenda organised by Russia in the occupied areas of…

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