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

23 Pages Posted: 27 Feb 2013

See all articles by Dinah L. Shelton

Dinah L. Shelton

George Washington University - Law School

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Date Written: 2011

Abstract

This article discusses the right to self-determination in Africa and America and begins by examining the right to self-determination in regional human rights treaties. No treaty in the Inter-American system provides a right to self-determination; however, the African Charter provides a right to self-determination, which I attribute to its history of colonization and apartheid. Next, the article describes secession claims made in Africa, starting in 1995 and discusses self-determination of indigenous and tribal groups by analyzing case law from the Inter-American system and the African Commission. The article concludes that these regions have established the framework for self-determination and must now continue with execution and observing the established norms.

Keywords: self-determination, secession, human rights, Africa, Inter-American system

JEL Classification: K33

Suggested Citation

Shelton, Dinah L., Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon (2011). 105 American Journal of Inernational Law 60 (2011), GWU Legal Studies Research Paper No. 2013-28, GWU Law School Public Law Research Paper No. 2013-28, Available at SSRN: https://ssrn.com/abstract=2225939

Dinah L. Shelton (Contact Author)

George Washington University - Law School ( email )

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