POL340Y1 Lecture Notes - Lecture 3: International Criminal Tribunal For The Former Yugoslavia, Unilateralism
23 Dec 2016
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What are peoples?- uncertain, no clear case, no single definition. Internal vs. external-bottom line-absent special circumstances, no right to ext. self- determination-outside state boundaries- Addressing both sides of crimea situation, argument-situation for russian speaking crimean"s. Maybe: last resort in case of people being blocked from internal self-determination, hard to justify, idea of redrawing of crimea similar to the chad case. The recognition problem: another south ossetia?-breakaway georgian region around same time annexed by crimea-five countries only recognize south ossetia the facts matter. Robert mccorquadale article: refers icj decision in the adv. opinion of kosovo-icj-is the declaration of kosovo lawful by il?-no. Il rule against declaration of independence, similar to quebec?- declaration unilaterally by both different regions-icj can live with quebec secession reference=purported state making declaration of independence, Quebec secession reference-different question-do people of quebec have right to self- determination?-implies right/potential power to lawfully affect one"s independence.
