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Analysis Of A Number Of Issues Of The Right Of Peoples To Self-determination In International Law

Posted on:2012-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q K WangFull Text:PDF
GTID:2206330332493529Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The right of national self-determination is also called the principle of national self-determination, which is one of the fundamental principles of international law. It originated from the thoughts of self-determinationin in the Western bourgeois-democratic revolution, and later, in the worldwide decolonization movement, the national self-determination theory has been developed and perfected, and through a series of international conferences and international legal instruments, finally the right of national self-determinztion is becoming the basic principles of international law. Now peace and development are the themes of the times, the world colonial system has been collapsed, the function of national self-determination in the decolonization does not exist any longer. So in the post-colonial period, what is the new meaning,who is the new applicable body, whether its presence would constitute a certain impact on national sovereignty and what is the relationship between the principle of national self-determination and the right of Chinese regional autonomy.These problems have always been a controversial issues in international jurisprudence, these issues have respect to current international and domestic social stable and development. Therefore it is necessary to be clear, both to maintain the multi-ethnic country as the main body of modern international stability, but also for the multi-ethnic country to deal with internal ethnic relations, and promote national economic and social development.This article is divided into five parts to discuss several controversial issues over national self-determination, which are the new development of national self-determination,the new applicable body,its relationship with national sovereignty and its relationship with the right of Chinese regional autonomy. I reach the following conclusions:firstly, the right of national self-determination has been developing from right to establish an independent state to the right to pursue their economic, social and cultural development rights. Secondly, the application of national self-determination under the specific conditions can be divided into three levels, including within the various multi-ethnic nation, which must be limited to the framework of national sovereignty, within the constitutional system in the country. Thirdly, the principle of national sovereignty is the cornerstone of international law, national self-determination must not conflict with it. finally, the right of Chinese regional autonomy and the right of national self-determination in international law are two levels, the right of Chinese regional autonomy granted under the law to safeguard the sovereignty and territorial is discarded and new development to the right of national self-determination in international law.
Keywords/Search Tags:international law, the right of national self-determination, issues
PDF Full Text Request
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