Spyder Notes- self-determination

Spyder Notes- self-determination - DECOLONISATION AND THE...

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DECOLONISATION AND THE RIGHT OF SELF-DETERMINATION -If intl law helped to construct European empires, it also helped to dismantle them. Now provides peoples of former colonies a degree of intl personality. -Beginning in 1960s obligations were imposed on colonial powers to take steps to facilitate independence (or other freely chosen status) in non-self-governing and trust territories. -Self-determination is a right of peoples that do not govern themselves, particularly peoples dominated by geographically distant colonial powers. -UN Charter - doesnt demand decolonisation, simply for states to act in interest of inhabitants. A number of references to self-determination of peoples (Art 1, Art 55, Art 76) -Article 73 - members of UN which had assumed responsibility of nonself- governing colonies, recognize principle that interests of inhabitants paramount and accept to protect interests of inhabitants and a number of obligations imposed. "Sacred Trust"- supposed to promote social, economic development while transmitting statistical info of conditions of territories ((e)) -UN GA Resolution 1514 (1960) - Declaration on the Granting of Independence to Colonial Peoples- "immediate steps shall be taken, in Trust and Non-self-governing territories to transfer all power to enable them to enjoy complete independence/freedom. Immediate obligation to decolonise. --General Assembly Resolution 1514, generally recognized as the turning point in the intl acceptance of self-determination as a right, was entitled "Declaration on the Granting of Independence to Colonial peoples". This resolution condemned secession (any attempt aimed at partial disruption of territorial integrity incompatible), implicitly limiting self- determination to decolonization. -Although Resolution 1514 proclaims that "all peoples" have right to self-determination, UN practice until the mid-1960s reveal that it was mainly the decolonization aspect of self- determination which was developed during that period- mainly confined to colonial peoples and territories. -UN GA Resolution 1541 (1960)- clarifies 1514 by giving the ways self-determination can manifest itself. -Salt-water test in resolution of non-self-governing dispute- applies to colonies-must be salt-water btwn self-governing and non-self-governing territories. 1541 defines non- selfgoverning territory- "territory geographically separate and is distinct ethnically and or culturally from country administering it." (salt water test)- territories of the colonial type (1541) - Tells when states can stop with obligations under Article 73 of UN Charter. Tells how self-determination might be exercised- spelt out modalities by which non-self-governing territory might change its status. -Provides for 3 legitimate methods of decolonization consistent with the principle of
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Spyder Notes- self-determination - DECOLONISATION AND THE...

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