All tagged self-determination
The modern international law of nationalism has come full-circle from the Minority Treaties through the civilising mission, decolonisation and secession eras to a renewed epoch of minority rights. National movements have had to evolve or face existential crisis in their pursuit of self-determination.
The CJEU’s judicial minimalism leaves a vacuum in the European legal order over the Polisario’s status as representative of the Sahrawi people and its role in the Western Sahara political process.
Would Iraqi Kurdistan independence represent an exercise of constitutional self-determination, and within what boundaries could that right be exercised?
International humanitarian law is not equipped to define the legal consequences of systematic ultra vires acts of an occupying power. A more satisfactory conception of non-recognition t demands either an evolution in the law of occupation or an untethering from it.