Book contents
- Internal Self-Determination in International Law
- Internal Self-Determination in International Law
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 A History of Internal Self-determination
- 3 Internal Self-determination and the Populations of States
- 4 Internal Self-determination and Minority Groups
- 5 Western and Third World Approaches to Internal Self-determination
- 6 Sri Lanka
- 7 Hong Kong
- 8 Internal Self-determination in the Courts of Law
- 9 Conclusion
- Bibliography
- Index
8 - Internal Self-determination in the Courts of Law
Published online by Cambridge University Press: 23 July 2021
- Internal Self-Determination in International Law
- Internal Self-Determination in International Law
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 A History of Internal Self-determination
- 3 Internal Self-determination and the Populations of States
- 4 Internal Self-determination and Minority Groups
- 5 Western and Third World Approaches to Internal Self-determination
- 6 Sri Lanka
- 7 Hong Kong
- 8 Internal Self-determination in the Courts of Law
- 9 Conclusion
- Bibliography
- Index
Summary
This chapter examines how internal self-determination is understood and applied by courts of law. The ICJ's jurisprudence is silent on internal self-determination, even though Separate Opinions of judges contain helpful discussions about the principle and its relevance in a post-colonial world. After the discussion about the jurisprudence of the ICJ, the chapter focuses on two specific cases decided in domestic courts. These are two cases decided by the Supreme Courts of Canada and Sri Lanka, respectively. In doing so, the chapter shows how domestic courts approach issues of internal self-determination. The chapter argues that domestic courts generally tend to acknowledge the relevance of internal self-determination and its application to peoples within states. The courts are however cautious in discussing aspects relating to internal self-determination.
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- Information
- Internal Self-Determination in International LawHistory, Theory, and Practice, pp. 212 - 236Publisher: Cambridge University PressPrint publication year: 2021