Abstract
The bitter debates over the secessionist claims of the Albanians in Yugoslavia and of the Catholic nationalists in Northern Ireland demonstrate only too clearly the difficulties which arise with respect to ‘the realization of the right of self-determination’ of peoples set out in Article 1 of both ICPR and ICES. In his authoritative essay on ‘The Self-Determination of Peoples’, Professor Antonio Cassese argues that if one examines Article 1 in terms of ICPR as a whole, with due regard to the views of those who drafted it, it becomes clear that
full realization of a people’s self-determination is dependent upon full respect for the rights and freedoms of the individuals and groups making up the people. Internal political self-determination is the right to choose one’s government freely and to have a government that, once chosen, is not oppressive or authoritarian. It can be achieved only if the state fully respects and guarantees those civil and political rights whose exercise enables the people to establish and express its will freely and continually.
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Notes
Antonio Cassese, ‘The Self-Determination of Peoples’, in Louis Henkin (ed.), The International Bill of Rights: The Covenant on Civil and Political Rights (New York: Columbia University Press, 1981) pp. 101–2.
Quoted in Paul Sieghart, The International Law of Human Rights (Oxford: Clarendon Press, 1983) pp. 457–8.
Quoted by Lung-Chu Chen, ‘Self-determination as a Human Right’, in Towards World Order and Human Dignity: Essays in Honor of Myres S. McDougal (New York: Free Press, 1976) p. 243.
quoted in Edward Allworth (ed.), Soviet National Problems (New York: Columbia University Press, 1971) pp. 282–3.
B. G. Ramcharan, ‘The Right to Life’, Netherlands International Law Review, vol. xxx (1983) p. 320.
quoting Amnesty International, Report on Torture, 2nd edn (London, 1975) pp. 241–2.
Farrokh Jhabvala, ‘On Human Rights and the Socio-Economic Context’, Netherlands International Law Review, vol. XXXI (1984)
and ‘Civil and Political Rights as a Vehicle for the Global Promotion and Protection of Human Rights’, Netherlands International Law Review, vol. XXXII (1985).
Jhabvala quotes from the Gandhi Peace Foundation and the National Labour Institute, National Survey on the Incidence of Bonded Labour, Preliminary Report (New Delhi, 1978).
Neelan Tiruchelvam, ‘The Legal Needs of the Poor: Towards an Alternative Model of Group Advocacy’, in International Commission of Jurists, Development of Human Rights and the Rule of Law: Report of a Conference held in the Hague 27 April and 1 May 1981 (Oxford: Pergamon Press, 1981) pp. 199–206.
For a discussion of these related issues see Claire Palley, Constitutional Law and Minorities (London: Minority Rights Group, 1978).
Lawrence Ward Beer, Freedom of Expression in Japan: A Study in Comparative Law, Politics and Society (Tokyo: Kodansha International, 1984) p. 144.
R. J. Vincent, Human Rights and International Relations (Cambridge: Cambridge University Press in association with the Royal Institute of International Affairs, 1986) p. 125.
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© 1990 L. J. Macfarlane
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Macfarlane, L.J. (1990). Conclusion. In: Human Rights: Realities and Possibilities. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-11602-7_6
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