Humanity Bounded and Unbounded: The Regulation of External Self-determination under International Law

Law and Ethics of Human Rights 7 (2):155-184 (2013)
  Copy   BIBTEX


One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent developments in international law may allow for a more normatively coherent approach to the problem



    Upload a copy of this work     Papers currently archived: 91,102

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Complexity of Bounded Quantifiers in Some Ordered Abelian Groups.Philip Scowcroft - 2007 - Notre Dame Journal of Formal Logic 48 (4):521-550.
Returning to semi-bounded sets.Ya'Acov Peterzil - 2009 - Journal of Symbolic Logic 74 (2):597-617.
Dominating and unbounded free sets.Slawomir Solecki & Otmar Spinas - 1999 - Journal of Symbolic Logic 64 (1):75-80.
Continuous first order logic for unbounded metric structures.Itaï Ben Yaacov - 2008 - Journal of Mathematical Logic 8 (2):197-223.
„Zelfbepaling is niet genoeg” Popper over vrijheid en determinisme.A. Burms - 1975 - Tijdschrift Voor Filosofie 37 (2):277 - 293.
The challenge of business self-regulation: revisiting the foundations.Paul Dragos Aligica - 2008 - International Journal of Business Governance and Ethics 4 (2):169.


Added to PP

24 (#591,250)

6 months
2 (#889,309)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references