2002
DOI: 10.4324/9780203900901
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Human Rights Horizons

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Cited by 20 publications
(15 citation statements)
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“…This is why Falk cautions people that in practice, "the right of self-determination is a collective right of a people, and the scope of that right is determined by a mixture of contexts (the threat of atrocities, say, or discrimination, or the fear of both) by geopolitical climate, and by effective outcomes (the facts created)." 52 Nevertheless, we can see that according to international norms, when the principle of territorial integrity of existing national boundaries is in conflict with self-determination, in reality the priority is often given to the principle of territorial integrity. Some western democracies argue that the guarantee of territorial integrity is contingent upon the existence of representative and non-racist government and the absence of serious injustice and violation of human rights.…”
Section: Making Sense Of Ethnic Issues In International Normsmentioning
confidence: 98%
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“…This is why Falk cautions people that in practice, "the right of self-determination is a collective right of a people, and the scope of that right is determined by a mixture of contexts (the threat of atrocities, say, or discrimination, or the fear of both) by geopolitical climate, and by effective outcomes (the facts created)." 52 Nevertheless, we can see that according to international norms, when the principle of territorial integrity of existing national boundaries is in conflict with self-determination, in reality the priority is often given to the principle of territorial integrity. Some western democracies argue that the guarantee of territorial integrity is contingent upon the existence of representative and non-racist government and the absence of serious injustice and violation of human rights.…”
Section: Making Sense Of Ethnic Issues In International Normsmentioning
confidence: 98%
“…Such an approach proposes to abandon the discourse of self-determination in favor of seeking specific constituent rights concerning resources, selfgovernment, and territorial delimitation. 72 A new international framework on ethnic issues could still be established among all the states involved. The principle would be that ethnic rights must be protected constitutionally and made compatible with the commonly agreed international standard of human rights and freedoms.…”
Section: Conceptualizations and Implicationsmentioning
confidence: 99%
“…While the debate about the scope of self-determination continues, the political outcome of high-profile situations such as Kosovo, Chechnya and Xinjiang will, for a period, reshape the common assumption of the scope of the right of self-determination. 67 It seems the scope is still relatively limited, especially within a big power's turf. Therefore, with the continuing increase of China's economic, political and military power, the external support for the ethnic minority groups' struggle with the Chinese state is not strong, mainly due to the emphasis of the sovereignty principle and because of realpolitik.…”
Section: IVmentioning
confidence: 99%
“…33 A year later, Richard A. Falk noted a new 'legal internationalism' leaving state sovereignty behind. 34 Today, the lion's share of what is practised in the name of transitional justice is conceived, administered and paid for by the international community. 35 Barbara Ooman's analysis of OECD data clearly shows the expansion of this bilateral and multilateral intervention.…”
Section: Transitional Justice and The International Communitymentioning
confidence: 99%