Self-Determination Reading Materials
LAWYERING PEACE: Self-Determination
This chapter from the Lawyering Peace book first sets forth and discusses the puzzle of whether and how to provide for external self-determination as a means for ensuring a durable peace. The chapter then examines the conceptual and legal framework that governs self- determination, a principle that guarantees a people the right to determine their own future, and external self-determination, which entails a sub-state entity becoming independent from a parent state. The chapter draws on numerous instances of key state practice for a discussion of the various conundrums the parties to a peace negotiation face when confronting the puzzle of self- determination, highlighting the relationship between each peace process and the agreed arrangements relating to external self-determination.
video summary
Watch the video summary of the Self-Determination Chapter of the Lawyering Peace book HERE.
Micro-Skills Exercise
Click HERE for a micro-skills exercise on self-determination in Sudan.
Mini-Negotiation Simulation: Cameroon/Ambazonia
The purpose of this negotiation is to identify and address the complex challenges related to negotiating the question of self-determination in conflict states. The intention is to explore the potential points of agreement or disagreement among the negotiating parties. Through the simulation the participants will debate their positions, learn negotiation techniques, identify points of conflict, and discuss potential solutions.
The simulation will tee up the conversation in the remainder of the class time focusing on the question of addressing the question of self-determination in peace agreements, and draw from the relevant chapter in Lawyering Peace as well as the supplementary material, if any, provided on the class website.
The conflict between Cameroon and Ambazonia centers around the demand for self-determination by the Anglophone regions of Cameroon, collectively known as Ambazonia. These regions, historically marginalized, have sought greater autonomy and recognition as a separate entity. The conflict has resulted in clashes, displacement, and human rights violations. At the moment there are on-again-off-again peace negotiations mediated by Canada. Through these negotiations the challenge lies in finding a balanced solution that respects both the aspirations of Ambazonia for self-determination and the territorial integrity of Cameroon.
Click here to access the negotiation simulation on self-determination in Cameroon/Ambazonia.
Professional Development
PODCAST: NEVER EAT LUNCH ALONE
Listen to the podcast Never Eat Lunch Alone HERE.
HARVARD BUSINESS REVIEW: BURDEN SHIFTING - MAKE SURE YOUR TEAM’S WORKLOAD IS DIVIDED FAIRLY
Read the HBR Burden Shifting HERE.
Podcast: Alumni in Excellence: Yoonie Kim
Click here to listen to the interview with Yoonie Kim
Podcast” Lawyering Peace Podcast: Vartan oskanian
Click here to listen to a conversation on 2001 Key West Negotiations HERE.
Additional Optional Material:
Readings
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.
The Season of Self-Determination: An Analysis of Catalonia’s Independence Referendum
An analysis of Catalonia’s 2017 Independence Referendum by Margaux J. Day, PILPG Vice-President, and Dr. Williams, who was then appointed by the Catalonian Foreign Ministry to a Commission of International Experts on the Independence Referendum.
Click here to read the op-ed, The Season of Self-Determination.
The Kurdish Referendum – Is it Legal?
This article, co-authored by Margaux J. Day, PILPG Vice-President, and Dr. Williams, addresses the question of whether Kurdistan is prohibited by international law from holding its referendum and from declaring independence, and the significance of Iraq’s objection to the referendum.
Click here to read the op-ed, The Kurdish Referendum - Is It Legal?
Creating a Strategic Framework for Addressing the Conflict between Sovereignty and Self-Determination: Earned Sovereignty
This Congressional Testimony from March 2016 features Dr. Williams speaking about the concept of earned sovereignty before the House Committee on Foreign Affairs Subcommittee on Europe, Eurasia, and Emerging Threats.
On the Right to External Self Determination: “Selfistans,” Secession, and the Great Powers’ Rule
In this article, PILPG Board Member and Cleveland-Marshall College of Law Professor of Law, Milena Sterio examines the notion of self-determination and how it is linked to other international law concepts, such as statehood, recognition, sovereignty, and intervention.
Yemen’s Fractured South: ACLED’s Three-Part Series
After an initial review of the dynamics at play in the governorates of Shabwah and Hadramawt, this series on Southern Yemen looks at the island of Socotra and the easternmost governorate of Mahrah, before concluding with Aden, Abyan, and Lahij. The aim of the series is to uncover the various patterns of political violence playing out in the South of Yemen and its different actors, amid a context of increased state fragmentation exacerbated by the current conflict.
Click here to read Yemen’s Fractured South: ACLEDs Three-Part Series.