Abstract

http://ssrn.com/abstract=1793335
 


 



Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon


Dinah L. Shelton


George Washington University - Law School

2011

American Journal of International Law, Vol. 105, No. 60, 2011
GWU Legal Studies Research Paper No. 543
GWU Law School Public Law Research Paper No. 543

Abstract:     
The right of self-determination has long been celebrated for bringing independence and self-government to oppressed groups, yet it remains a highly controversial norm of international law. From the breakup of the Austro-Hungarian and Ottoman Empires after World War I to the struggle of colonial territories for independence following the World War II and the later dissolution of the former Yugoslavia, there has been an unavoidable conflict between the efforts of peoples to achieve independence and the demands of existing states to preserve their territorial integrity. This essay focuses on the African and American regional human rights systems and their ability to distinguish internal from external self-determination and indicate the different circumstances under which each variation of the right applies.

The essay begins with a look at the relevant human rights provisions of the two systems, after which it turns to the case law concerning secession claims; the discussion on secession is limited to Africa because no case of this type has come before the American human rights institutions. It then looks at the special self-determination rights of indigenous and tribal peoples, and at the corresponding special state duties owed them. As will be noted, the jurisprudence of the two systems provides some of the answers that the ICJ declined to give in the Kosovo opinion. The final part refers to the written submissions of African and American states in the Kosovo proceedings.

Number of Pages in PDF File: 40

Keywords: self-determination, human rights, independence, secession, indigenous, Africa, America, Kosovo, Cameroon

JEL Classification: K10, K19, K33

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Date posted: March 27, 2011  

Suggested Citation

Shelton, Dinah L., Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon (2011). American Journal of International Law, Vol. 105, No. 60, 2011; GWU Legal Studies Research Paper No. 543; GWU Law School Public Law Research Paper No. 543. Available at SSRN: http://ssrn.com/abstract=1793335

Contact Information

Dinah L. Shelton (Contact Author)
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
(202) 994-9413 (Phone)
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