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Tolerance, Sovereignty and Self-Determination*

Published online by Cambridge University Press:  21 May 2009

P.H. Kooijmans
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Extract

The concept of sovereignty is not on friendly terms with the concept of tolerance. Sovereignty is an exclusive concept, it is derived from the term ‘supreme power’ and it stands for absolute and comprehensive jurisdiction over the people who find themselves on the territory of the sovereign State. Sovereignty is indeed a State-oriented concept. State sovereignty is the hall-mark of the Westphalian system, a world-order composed of clearly defined, mutually impregnable territorial units. Tolerance is a concept which is man-oriented, it is inclusive, it denotes a state of mind, a mentality, it does not separate, it unites people in spite of their differences.

Type
Brief Report
Information
Netherlands International Law Review , Volume 43 , Issue 2 , August 1996 , pp. 211 - 217
Copyright
Copyright © T.M.C. Asser Press 1996

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Footnotes

**

Professor of Public International Law, University of Leyden; Former Netherlands Minister for Foreign Affairs; Member of the Board of Editors.

References

1. This term was used by Franck, Thomas in his article ‘The Emerging Right to Democratic Governance’, 86 AJIL (1992) p. 58.Google Scholar

2. R. Higgins, ‘Post Modem Tribalism and the Right to Secession. Comments’, in Brölmann, C. et al. , eds., Peoples and Minorities in International Law (1993) p. 32. See also her Problems and Process. International Law and How We Use It (1994) p. 124.Google Scholar

3. Higgins, , loc. cit. n. 2, p. 35.Google Scholar

4. Buchheit, L.C., Secession: The Legitimacy of Self-Determination (1978) p. 127.Google Scholar

5. UN Doc. CCPR/C/21/Rev. 1, pp. 10–11 (1989).

6. Sornarajah, M., ‘Internal Colonialism and Humanitarian Intervention’, 11 Georgia J Int. … Comp. L (1981) pp. 53, 75.Google Scholar

7. Akhavan, P., ‘Lessons from Iraqi Kurdistan: Self-determination and Humanitarian Interventions Against Genocide’, 11 Netherlands Q HR (1993) p. 59.Google Scholar

8. Similarly, Cassese, A., Self-determination of Peoples. A Legal Reappraisal (1995) p. 359Google Scholar et seq. This book was published after I had delivered my address.