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Self-determination and sovereignty-based conflicts are widespread throughout the globe, and are particularly durable and deadly. These conflicts may be resolved through military victory, through some form of enhanced internal self-determination, or through a path to external self-determination. This chapter explores the puzzle of whether and how to provide for external self-determination as a means for ensuring a durable peace. This chapter reviews the peace processes related to conflicts in Bosnia, Indonesia/East Timor, Israel/Palestine, Kosovo, Northern Ireland, Papua New Guinea/Bougainville, Serbia/Montenegro, Sudan/South Sudan, and Western Sahara in order to understand how the parties seek to most effectively share sovereignty in the interim; build sustainable institutions; determine final status; phase in the assumption of sovereignty; condition the assumption of this newfound sovereignty; and, if necessary, to constrain the exercise of sovereignty of the new state.
Navajo economic development and governance will always be hard. Located within the United States, the Navajo Nation has to deal with both external and internal challenges. The conclusion, however, offers measured optimism. Whenever the tribal has faced challenges, such as corruption or the COVID-19 pandemic, there have been leaders who have stood up for the people. The chapter ends by arguing that there is space for the Navajo Nation to push its independence and that non-Indians should be allow the tribe to set its own path.
In August 1920, the political fate of the Kurdish nation, along with its territory, Kurdistan, were on the line, after the Allies asserted their interest in national rights to self-determination following World War I. Under the Treaty of Sèvres, Kurds were acknowledged as an ethno-political entity in the Wilsonian perspective, yet the ideal of self-determination failed to crystallize as a full legal right to independent nationhood. Thus, Kurdish statehood was annulled. In contrast, the drawing of states’ boundaries in Europe took place mostly along national lines. The result has been an untenable diversity across regions affected by the War in the varieties of self-determination, arguing that some peoples’ nationhood was credited with less legitimacy than others. The departure of imperial powers and subsequently the League of Nations from self-determination for achieving territorial independence came as a result of imperialist world policies to reorder political influence. With the adoption of self-determination as one of the purposes of the UN in 1945, and with the crystallization of self-determination as a legal right in 1966 and the subsequent campaign of decolonization, it could be argued the Kurds’ status was not repositioned and in some way is invisible to the law of self-determination, as applied.
In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums.
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
This chapter discusses the role of community controlled health services in the Australian healthcare system and their contribution to improving health outcomes for Aboriginal and Torres Strait Islander peoples. It begins by exploring the establishment of community controlled health services in Brisbane in response to the different health needs of Indigenous people at the time. The chapter then discusses the concept of community control, defining it as being by the community, for the community. Aboriginal community controlled health organisations (ACCHOs) are led by, based in and governed by Indigenous communities. The chapter discusses the experience of working in a community controlled clinic as part of a multidisciplinary team. Key health services, including the National Aboriginal Community Controlled Health Organisation (NACCHO) and the Queensland Aboriginal and Islander Health Council (QAIHC), and their contribution to culturally safe care, are discussed in detail. The chapter concludes by considering recent changes to the Australian healthcare sector and future opportunities for ACCHOs.
Nepal’s transition from highly restrictive abortion laws and high maternal mortality to liberal laws and many fewer maternal deaths provides one of the world’s most impressive examples of the relationship of the two. Nepal’s expansion of access to abortion through an emphasis on self-determination for women and incorporation of abortion training into medical and nursing training are excellent implementation models for other nations where the constraint of women’s rights and abortion services lead to injustice and early death for women. That Nepal accomplished so much for women despite political instability and only modest economic growth supports the importance of the collaboration of ministries of health and education and non-government organizations (NGOs) to progressively expand abortion training to include a wide range of urban and rural practitioners at early and later stages of their training, set standards for education and performance, and systematically evaluate effects on abortion access and safety.
This paper explores the dynamics of presidential attention and rhetoric on Native issues and peoples during the self-determination era. Using data from all public statements and papers of the presidents from 1969 to 2016, the work analyzes the level of attention and rhetorical frames of each president from Nixon to Obama, with additional comments on Trump. The analysis reveals that most presidents have given relatively little attention to Native issues compared to their overall volume of public statements, with Democratic Presidents Clinton and Obama offering the most attention. In addition, presidents have used very different rhetorical frames to address Native issues and peoples in their public statements. Presidential rhetoric has been characterized by fluctuating attention and frames, and presidents have not consistently supported Nixon's “new and coherent strategy” throughout the self-determination era.
This article explores the strategic functions of independence referendums. These referendums are normally framed as popular decisions on statehood over a certain territory. However, I argue that the popular will does not always have the decisory function that plebiscitarian theories suggest. In fact, actual decision referendums are rare; often independence referendums are instead used strategically as a leverage and signalling tactic. The article is structured as follows. First, I propose two key criteria to classify independence referendums regarding actors and timing. Through the application of these criteria, I build a typology proposing four main uses of referendums: leverage, signalling, decision and ratification. Second, I focus on the specific case of leverage referendums. I argue that analyzing the outcomes of leverage referendums can provide some clues about why secessionists still call for these referendums even though they almost never result in internationally recognized statehood. Finally, I conclude by discussing the implications of my findings.
This paper discusses the use of an estuary monitoring toolkit Ngā Waihotanga Iho as a central part of a Māori-centred education project undertaken by Kaipara hapū (sub-tribe), Te Uri O Hau, in Northland, New Zealand. The toolkit was designed by New Zealand’s National Institute for Water and Atmospheric Research (NIWA). In this project, Te Uri O Hau collaborated with NIWA and regional high schools in order to use this toolkit as a mechanism for kaitikaitanga (environmental guardianship) and Indigenous-led environmental education. This paper demonstrates that approaches such as this can be powerful vehicles for Indigenous self-determination as Māori actively undertake tribal development and environmental guardianship, and strengthen the place of Indigenous knowledge, priorities and approaches within an evolving ‘post-colonial’ education system.
Youth circus opportunities are part of a global expansion in circus arts practices. Although defined with different nuances in different locations, Youth circus is generally accepted to include any youth participating in learning circus skills for non-professional reasons, including recreation, physical education, and social contexts. Anecdotes describing the transformative and beneficial effects of learning circus abound. Research indicates that the introduction of circus arts to a broad youth population has been shown to increase motor competence, motor confidence, physical literacy, self-determination, and encourage risk assessment. This chapter describes how research describing the benefits from participating in youth circus can be understood within the framework of risky play. When engaging in risky play, youth test their own physical and emotional limits in order to develop strategies that will benefit them when encountering future risks. The opportunity to participate in risky play enables youth to learn to trust themselves and develop awareness of their strengths and weaknesses. Learning circus offers a context for diverse, incremental, and individualized risk-taking, in environments where instructors and equipment provide risk-management. Looking at research results through the lens of risky play contributes to a description of youth circus as an enriching activity.
This chapter seeks to locate and elucidate the philosophical precedents and mechanisms in late-antique and Byzantine Christian thought that inform the tension between the rigorous affirmation of autonomous moral determination, on the one hand, and the self-effacing quality of ecclesiastical and monastic life, on the other. Though expressed with some variance and terminological inconsistency, the majority of Christian writers affirm some version of 'free will' and universally attribute the capacity for moral development to all humankind, developing and altering paradigms from the mélange of philosophical concepts present in Middle- and Neoplatonism. No less prominent, however, is the assertion—both tacitly and explicitly—that private moral judgment and individual conscience are unreliable. Each human being not only requires a pedagogical process for proper moral development but also depends upon the presence and guidance of a heteronomous 'other', whether human or divine. This chapter will accordingly seek to demonstrate that, while Christians of late antiquity and Byzantium considered free will and moral determination to be an inextricable aspect of moral psychology, they did not have the same understanding of autonomy that emerged so forcefully during the Enlightenment and in its wake.
A state should be deemed to be enjoying fiscal sovereignty where it is effectively empowered, without pressure or coercion, to make all policy decisions required to run the state machinery and satisfy the fundamental needs of its people (at the very least), both individual and collective. A state’s effective policy and decision-making power is effectively curtailed where: (1) it has been substituted in these functions by a third state or an organ of that state; (2) it is prevented from taking a particular action, such as unilateral default; (3) it is forced to violate fundamental domestic laws, including its constitution or the result of a referendum; or (4) external pressure is exerted against its government and institutions, with the aim of creating volatility and uncertainty concerning its finances so it succumbs to such pressure.
When the work you do includes more than yourself, you can make contributions through productive or relational value. Productive value refers to contributions you make to create a good or a service. You may have insights about how to sell a product to a new market, how to deliver a service more efficiently, or how to perform a dance more graciously. These ideas and actions enhance the productive value of a task. This is all about delivering great goods and services efficiently and accomplishing tasks with the highest quality. Relational value is about fostering a climate of support and growth among your peers and employees. You add relational value when you behave compassionately, when you encourage your peers to learn, and when you create a psychologically safe place. The more relational value you create in the workplace, the higher the likelihood to generate productive value. Fear, the opposite of psychological safety, imposes a tax on productivity and most certainly kills creativity. We must nurture the capacity to add productive and relational value at the same time. We must encourage the acquisition of technical as well as relational skills.
There are numerous ways to add value and make a contribution. We can offer gifts of the heart, the head, and the hand. We can provide emotional support, ideas, or tangible help. When it comes to adding value to our own lives, we can increase our happiness, study new things, find meaning in life, and develop physically and spiritually. There are really countless ways to make our life more exciting, goal-oriented, virtuous, and passionate, and it is up to each one of us to discover what actions will make that happen. Needless to say, our opportunities are influenced by the environment we live in. Some social ecologies are more supportive than others, but the aspiration to add value remains, regardless of the particular context. The needs to make a difference, to master the environment, and to express ourselves are well ingrained in all of us. We yearn to be in control of our destiny and to learn new skills. These needs are expressions of self-determination and the pursuit of meaning.
Chapter four demonstrates how the post-WWII liberal vision of international law feeds into the ideology of the postcolonial ‘liberal’ state in the form of ‘individualism’, thereby dominating the discourse on minority protection. One direct implication of the dominance of liberal individualism in the postcolonial constitutional architecture of rights is the denial of protection for minority groups. The liberal human rights regime is designed to diffuse cultural groups into individual units, so as to facilitate their assimilation into a homogeneous national (read majoritarian) identity. This chapter explains how international law, with its liberal underpinning, shrinks the scope of the right to self-determination and thereby perpetuates the vulnerability of, or in some cases even leads to the extinction of, minority groups. In this connection, I also highlight the peculiar challenge that postcolonial states face in reconciling the diverging forces of ‘liberal individualism’ and majoritarian ‘ethno-nationalism’. The former emanates from the liberal international legal order, the latter from the nationalist discourse of allegiance, entitlement, and legitimacy. The issue of citizenship and statelessness is also discussed in this context. My arguments in this chapter are supported by in-depth case studies on the Rohingya and the CHT hill people.
Chapter three deals with the role of international law in the ideology of the postcolonial ‘national’ state. With its ambition of achieving a homogeneous and unified sovereign entity, the postcolonial state essentially relies on international law principles for the continuity of colonial boundaries (uti possidetis), territorial integrity, sovereign equality, and non-interference in internal affairs. Contrary to the conventional wisdom that the uti possidetis principle helps in the maintenance of peace and order, I argue that uti possidetis is a key problem. Far from being a corrective mechanism halting potential ‘disorder’ emanating from decolonisation, the continuation of arbitrarily drawn colonial boundaries undermines the legitimate right to self-determination of numerous ethnic minorities in postcolonial states and often results in violent ethnic conflicts. The argument for uti possidetis in international law is also normatively inconsistent as it depends upon the capacity of the postcolonial state to efface ethno-nationalism while simultaneously allowing the state to produce its own sustaining nationalist ideology in majoritarian terms. The minority problem is thus embedded in the very ideological making of the postcolonial ‘national’ state in international law. My arguments in this chapter are substantiated with in-depth case studies on the Rohingya and the CHT hill people.
This paper examines the emergence of the new field of comparative foreign relations law against the background of the rise of populism. It argues that, once the populists' extreme critique of international law is stripped away, what is exposed to view is the importance of reconnecting the external and internal aspects of sovereignty. There is no necessary dissonance between international law, which retains self-determination as a peremptory norm, and the viability of a national constitution founded on representative democracy. On the contrary, it is the populist's claim of an exclusive executive right to speak for the people in foreign relations that should be questioned. The conduct of foreign relations is constrained by law, not the exercise of a purely political executive discretion. Foreign relations law mediates the interaction of two legal systems: the domestic constitution and international law.
This article maps the legally varied sovereignty claims in the contemporary South Pacific; whether secessionist, self-determination based, or consisting of territorial disputes or lesser disagreements. The analysis reveals that Pacific practice in this domain is consistent with general international law; that despite any fractures at the domestic level, relations between the states and territories of the region is peaceful, that their shared values have instead given rise to innovative solutions to legal problems concerning territory, either through the leveraging of regional institutions – so vital to the region’s identity – to pursue claims against metropolitan powers, or through innovative arrangements to alleviate territorial problems left by colonial powers. Indeed, the region is replete with innovative legal solutions based on shared values and peaceful international relations. As such, Pacific practice and engagement with international law can provide a blueprint for others around the globe.
Hamit Bozarslan, Ecole des Hautes Etudes en Sciences Sociales, Paris,Cengiz Gunes, The Open University, Milton Keynes,Veli Yadirgi, School of Oriental and African Studies, University of London
Self-determination operated as an organizing principle for national liberation movements around the world in the twentieth century. This was no different for Kurdish political movements assuming the principle that a nation is entitled to a state which exercises exclusive territorial control. National self-determination became the grounding of the right they claimed to establish the independent state of Kurdistan. Since the constitutive power of the state relied for its justification on the existence of a self-determining nation, Kurdish political parties emerging after the Second World War framed their struggle in terms of state formation. However, in the course of the twenty-first century, the emphasis on the Kurds as a people without a state became one of the Kurds as a people beyond the state. In this chapter, these contemporary political developments are discussed within a historical context. The chapter looks at the relation of Kurds and Kurdish politics with the state as an object and objective of political struggle. In so doing, it distinguishes between two strong currents in Kurdish politics over the last decades.