PILPG Work Product on Self-Determination:

Self-determination in international law

The purpose of this memorandum is to provide an overview of the right to self-determination in international law and to describe the mechanisms that groups use to exercise this right.

Click here to read the memorandum, Self-Determination in International Law.

External and Internal Self-Determination: Comparative State Practice

The purpose of this memorandum is to present the legal distinction between external and internal self-determination and to explore several instances of state practice demonstrating both forms of self-determination.

Click here to read the memorandum, External and Internal Self-Determination: Comparative State Practice.

EARNED SOVEREIGNTY: THE POLITICAL DIMENSION

The article provides a detailed definition of earned sovereignty, and its sub-components, and tracks the development of the approach through recent state practice.

Click here to read the article, Earned Sovereignty: The Political Dimension.

Peace agreements: territorial integrity and state structure

The purpose of this memorandum is to provide an overview of states that have integrated the principles of territorial integrity and self-determination into peace agreements and constitutions.

Click here to read the memorandum, Peace Agreements: Territorial Integrity and State Structure.

The Southern Cameroons Self-Determination Claim: an Overview of Mechanisms for Recourse

The purpose of this memorandum is to provide an overview of mechanisms, including human rights mechanisms, that can advance the self-determination movement in Southern Cameroons.

Click here to read the memorandum, Southern Cameroon's Self-Determination Claim: An Overview of Mechanisms for Recourse.

LEGAL ARGUMENTS REFUTING ABKHAZ CLAIMS TO INDEPENDENCE

This memorandum refutes the legal bases of the de facto Abkhaz authorities’ claims to independence from Georgia and demonstrates why Abkhazia does not meet the legal criteria for independence. The Abkhaz authorities have made several assertions to support their claims to independence; however, applicable principles of international law do not support these claims.

Click here to read the memorandum, Legal Arguments Refuting Abkhaz Claims to Independence.

CALLING A REFERENDUM IN NAGORNO-KARABAKH

This memorandum analyzes the process for a referendum in Nagorno-Karabakh in light of current state practice. Creating referenda guidelines that conform to international standards can help ensure a legitimate process. International standards can guide the creation of quorum and residency requirement, referendum administration and other elements of referendum in Nagorno-Karabakh.

Click here to read the memorandum, Calling a Referendum in Nagorno-Karabakh.

 
 

EARNED SOVEREIGNTY: BRIDGING THE GAP BETWEEN SOVEREIGNTY AND SELF-DETERMINATION

In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. While Serbia and Montenegro, Northern Ireland, Bougainville, and the Western Sahara share sovereignty with a central authority, in the cases of Kosovo and East Timor, the substate entity shares sovereign authority and functions with international organizations during an interim period prior to a determination of final status. This lack of coordination on the part of the international community, particularly the hesitation on the part of the United Nations to transfer authority to the Kosovars and undertake a process for determining final status as required by Resolution 1244 effectively derailed the approach of earned sovereignty, leaving Kosovo with an undefined and stagnant status.

Click here to read the article, Earned Sovereignty: Bridging the Gap Between Sovereignty and Self-Determination.