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The Study Of The Principle Of National Self-determination Based On The Crimea Event

Posted on:2018-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q SunFull Text:PDF
GTID:2346330515488039Subject:Legal public international law
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On March 14,2014,the Crimea held the Crimea referendum that made the decision whether the Crimea joins in the Russia.The occurrence of the Crimea Referendum event caused an uproar in the international community,and the question of international law embodied in it was a hot topic in academia.The national selfdetermination principle is the one of important issues of international law,due to a certain degree of ambiguity on its concept,so that the Crimean anti-Wu incident is applicable to the national self-determination principle has been debated.Thus,this paper attempts to confirm the legitimacy of the Crimean Referendum by analyzing whether the event is applicable to the principle of national self-determination.There are four parts in this article.The first part is about the overview of the principle of national self-determination,which analyzes its definition and application that includes the application of subject,element and ways.The second part gives a general overview of the Crimea Referendum event,that describes the fuse,process and consequence of the event,and the attitude of the event of international community,which extracts the issue of international law.The third part makes a concrete analysis of the applicability of the national self-determination to the Crimea Referendum event.This part starts from three aspects---the applicable subject of the principle of national self-determination,the applicable element of the principle of national self-determination and the applicable ways of the principle of national self-determination,to explore whether the principle is applicable to the event.In the analyses of the applicable part of national self-determination principle,though discussing the existing contravention,the article primary analyzes the Crimea is or isn't the appropriate subject of the principle of national self-determination.In the order to explore whether the Crimea event is applicable to the particular element of the national selfdetermination principle,this article analyzes the event with the definition and appropriate element of the national self-determination principle.Then the article analyzes the legitimacy of the referendum from the two angles of international and domestic law and the ballot design and the procedures of the referendum.The last part ponders over the Crimea event.With the consequence of above analyzing,this article further explores the incident and harmonious relationship between the principle of national self-determination and the principle of national sovereignty which reflected from the event.In addition,as a special right in the principle of national self-determination,whether the relief right of separation is applicable to the Crimea Referendum event is also controversial.In this article,the relief right of separation is briefly discussed with some related cases,which is order to explore whether the Crimea Referendum event has the right to aid relief right of separation.
Keywords/Search Tags:Crimea event, national self-determination principle, referendum, state sovereignty, relief right of separation
PDF Full Text Request
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