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Thursday 3 December 2015

me and self determination in public international law

Under public international law or national law for that matter , the right of people to self determination is universally acknowledged. Self determination is the right of people to determine their own fate, to determine which government they want to see in place and generally the people's freedom to determine their own freedom. In as much as this right is recognized , it is a contentious principle because some countries refuse to acknowledge self determination on the parts of some states. There are various partially recognized states in the domain of public international law which i shall discuss below. So then what is the point of recognizing the right of self determination when various countries refuse to acknowledge other states who freely choose their own political status? The following case studies will show the disputed territories and partially recognized states in the world.

THE STATE OF PALESTINE
The State of Palestine declared its independence in 1988 and it claims the West Bank, Gaza and Jerusalem as its territory. This has caused conflicts with Israel and most of the areas claimed by Palestine are occupied by Israel . The Israeli-Palestinian conflict has been ongoing for a long time now and the conflicts border around Palestinian freedom of movement , Jerusalem and also border issues among other things.However the declaration of independence by Palestine was recognized by the United Nations General Assembly and other countries such as Sweden. Some countries do not recognize the state of Palestine although it determined its own sovereignty . This shows that some countries simply do not recognize other states' self determination for political reasons.

KOSOVO
Kosovo declared its independence from Serbia in 2008 and is also a partially recognized state. Serbia does not recognize the independence of Kosovo along with other countries. It is also not a member of the United Nations and lacks diplomatic recognition from 85 UN members. Russia has strongly opposed Kosovo's declaration of independence but has supported South Ossetia and Abkhazia's independence showing double standards. America has also done the same by supporting Kosovo but not recognizing South Ossetia and Abkhazia's independence.

 KATANGA  V ZAIRE
The Katanga people wanted to secede from Zaire but its secession rejected on the  basis that secession would violate Zaire's territorial intergrity and sovereignty.

REFERENCE RE SECESSION OF QUEBEC
Quebec wanted to secede from Canada and sought an opinion from the Supreme Court of Canada which held that unilateral secession under Canadian law was not legal but if a referendum decided in favour of Quebec's independence there would be no basis for refusing its independence.

SOUTH OSSETIA AND ABKHAZIA
These two states successfully seceded from Georgia with the help of Russia. They are also partially recognized as states internationally.

PEOPLE SHOULD BE GIVEN THEIR OWN FREEDOM TO CHOOSE THEIR POLITICAL STATUS. BUT IT SEEMS THE INTERNATIONAL WORLD WANTS TO INTERFERE AND GIVE VALIDATION TO INDEPENDENCE OF STATES IT SUPPORTS ONLY. THESE DECISIONS ARE BASED ON POLITICAL EXPEDIENCY AND NOTHING ELSE.

till next time
xoxo Ms Vee

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