Legal framework for the referendum on self-determination Study in international and constitutional law

د.خأٌش غٍر غتداه

doi:10.25212/lfu.qzj.3.1.28

Authors

د.خأٌش غٍر غتداه ا٥١فخلار ا١ٜا٧٬٧ٮ ١ؽئاـث ةؽ٥١ان إٛ٢ٰ٣ٞ ٬ردـخان-ا١ٓؽاق ٤طاىؽ ةٜف٣ ا١ٜا٬٧ن / ٞ٢ٰث ا١ٜا٬٧ن وا١ٓالٛات ا١ػو١ٰث / ا١شا٤ٓث ا٢١ت٨ا٧ٰث ا١ٙؽ٧فٰث

DOI:

https://doi.org/10.25212/lfu.qzj.3.1.28

Keywords:

The right to selfdetermination, the referendum, the Charter of the United Nations, peaceful means, independence, legitimacy, political decision

Abstract

The principle of the right to self-determination is one of the international principles enshrined in the UN Charter, and reaffirmed in many international and regional treaties. The objective of the exercise of the right of peoples to self-determination is the establishment of a sovereign independent state. This is done either by resorting to peaceful means or by the use of force. However, the use of force is regarded contrary to international law in accordance with the Article 2(4) of the UN Charter. The
Charter does not specify the means by which self-determination can be declared, but international action provides us with pictures of these methods, including the referendum by people. The international organizations paid great attention to the issue of the referendum as a means of self-determination. The UN organization considered the referendum the best way for the application of the right of peoples to self-determination and manifested through decisions by the United Nations issued in this regard, as this issue has not been devoid of the concerns of scholars of international law. The referendum by people reflects the most important aspects of the evolution of political life in semi-direct democratic systems. The semi-direct democracy is depending on the election of representative by the people. But the representatives have not been left with the freedom to act, but
the people have a great role in contributing to the affairs of government and political decision-making. The referendum on self-determination is regarded in the field of constitutional law, as one of the most important examples of the application of referendums, especially after the principle of political self-determination of peoples has become a fundamental human political right. We discussed in this research, through comparative and analysis, the different dimensions of the right of participation in referendum in international and constitutional laws.

Downloads

Download data is not yet available.

References

Andre Kreptul, The constitutional right of secession in political theory and history, mises institute working, seatlle university school of law, 2003.

Ashleigh Bennett, When is secession legitimate? Comparative constitutionalism, submitted for the LLB (Honours) degree, faculty of law, Victoria university of wellinton, 2014.

James Ker-Lindsay, The Hollow threat of secession in bosnia and harzagovina; legal and political impediments to a unilateral declaration of independence by republika srpska, lsee-research on south eastern Europe, reprographics, Lse, April, 2016.

Mates Accetto, On law and politics in the federal balance lessons from Yugoslavia, review of central and east European law.

Matt Qvortrup, Atale of two referendums elite manipulation or civic engagement? First published in great Britain in 2015 by constitution socity, London.

Saki Araida, Ryan Bennett, Lauren Burke, Brittany Gaddy, Jessica Mortellaro, Marin Ping, Thomas Williams, Yufei Zhang, Secession referendum framework, Georgtown university, international electoral policy and practices, 2015.

Self- determination and secession in constitutional law, Report adopted by the commission at its 41th meeting (Venice, 10-11 December 1999) , Strasbourg 12 january 2000.

Aksel Erik, Aright to remedial secession, The case of Kosovo and its implication for international, University Oslo, Det juridske fakultet, master thesis, 2010.

Micha Germanne, Pax populior casus belli? On the Conflict resolution potential of selfdetermination referendums, a thesis submitted to attain the degree of doctor of sciences of ETH ZURICH, 2017.

Benjamin Levites, The Scottish independence referendum and the principles of democratic secession, Brooklyn journal of international law, Volume 41, Issue1, Article8, 2015.

Catriona Drew, The East Timor story; International law on trial, eur j int law, 2001, issu 12, Vol4.

Christian Marxsen, The crimea crisis an international law perspectine, Heidelberg journal of international law, 2014.

Harbo florinta, Secession right –an anti- federal principle? Comparative stady of federal states and the EU, journal of politics and law, Vol1, No3, sptember, 2008.

Joe T.Timmons, The referendum in texas on the ordinance of secession, February 23, 1861;the vote, East texas historical, journal volume 11, issue2, article 610, 1973.

Luis Perez and Marc sanjame, Legalizing secession;the catalan case liuis perez and marc sanjaume, Journal of conflictology, Vol4, No2, 2013.

Miodray A.Jovanovic, Can constitution be of use in the resoliution of secessionist conflect, journal of international law and international relation, Vol5, No2.

Nataliaja Shikova, Practing internal self- determination vis-à-vis vital qusts for secession, German law journal, No2, 2016.

Peter Radan, Constitutional law and secession: The case of quebec, 2Macarthur, law review, 1998.

Peter radan, secession and constitutional law in the former Yugoslavia, University of Tasmania law review, Vol 20, No2, 2001.

Peter Radan, Secessionist referenda in international and domestic law, journal 'nationalism and ethnic politics', Volume 18, 2012, Issue 1.

Richard F.Lglar, The constitutional crisis in yogoslavia and the international law of selfdetermination; Slovenias and croatias right to seced, boston college international and comparative law review, Volume15, Issue1.

Salman M.A. Salman, South sudan road to independence; Broken promises and lost opportunities, Global Business and developmend law journal, Volum 26, Issue2, 2013.

Thomas Musgrave, The western australin secessionist movement, Macquarie law journal, 2003, Vol3.