Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-mp689 Total loading time: 0 Render date: 2024-04-24T14:04:46.242Z Has data issue: false hasContentIssue false

4 - The canon of self-determination

Published online by Cambridge University Press:  07 July 2009

Karen Knop
Affiliation:
University of Toronto
Get access

Summary

The significance of the major international decisions on the meaning of self-determination – the 1975 International Court of Justice Western Sahara advisory opinion, Opinion No. 2 issued in 1992 by the European Communities Conference on Yugoslavia Arbitration Commission and the 1995 ICJ judgment in East Timor (Portugal v. Australia) – goes beyond their importance as building blocks in the different accounts of external self-determination discussed in Part I. The larger significance of these cases lies in the actors, the arguments and the judicial reasoning and values. This chapter shows in some detail how the interpretation of self-determination in the cases has served as a point of entry into international law for newcomers, the newly returned and even the absent, and for their challenges to international law's marginalization of them. What emerges from the decisions is not a uniform judicial method, but a pattern of creativity that may be seen as responsive to these challenges. In particular, concepts are broadened so as to make room for the inclusion of new identities and relationships within international law. The approach to their interpretation attempts not only to include, but also to equalize, whether by mediating between insider and outsider perspectives or by expanding participation through the choice of sources, doctrine of interpretation over time or determination of meaning. While the method of interpretation may vary from one judgment to another, the commitment in them to identity and participation as dimensions of equality is constant.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The canon of self-determination
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.005
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The canon of self-determination
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The canon of self-determination
  • Karen Knop, University of Toronto
  • Book: Diversity and Self-Determination in International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494024.005
Available formats
×