Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 8 - Internal Self-determination in the Courts of Law

  • Kalana Senaratne, University of Peradeniya, Sri Lanka
  • Book:
    Internal Self-Determination in International Law
    Published online:
    23 July 2021
    Print publication:
    05 August 2021, pp 212-236

  • 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.