Sovereignty in the Exercise of the Right to Self-Determination

International Law

Sovereignty in the Exercise of the Right to Self-Determination

By Jane A. Hofbauer
Brill Nijhoff November 2016

Specifications

ISBN-13
9789004316058
Publisher
Brill Nijhoff
Publication
November 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer's assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of 'spatial' independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC).

The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.

Table of Contents

ACKNOWLEDGMENTS
TABLE OF CONTENTS
LIST OF ABBREVIATIONS
CHAPTER I SOVEREIGNTY AND THE RIGHT TO SELF-DETERMINATION THROUGH AN EVOLUTIONARY LENSE: AN INTRODUCTION
1.1 Developing International Law
1.2 Using Interpretation for the Development of International Law
1.3 The Use of Legal Concepts With Uncertain Meaning
1.4 Sovereignty and the Principle of Self-Determination
1.5 Structure of the Book
CHAPTER II DEFINING PEOPLES
2.1 Why the Need for a Definition?
2.2 Peoples as Civitas
2.3 Peoples as National, Ethnic-Cultural Entities
2.4 Peoples as Evolving Subjects of the Principle of Self-Determination?
2.5 Qualifying as Subjects of Peoples’ Rights
2.6 Peoples as Distinct From Other Categories
2.7 The Rights Applicable to Peoples
2.8 Outlook
CHAPTER III THE RIGHT TO SELF-DETERMINATION
3.1 Early Historical Development of the Principle of Self-Determination
3.2 Normative Confirmation of the Principle of Self-Determination
3.3 Defining the Core of Self-Determination
3.4 Self-Determination – A Right of All Peoples?
CHAPTER IV THE FULL INDEPENDENCE OF PEOPLES
4.1 The Sovereign Territorial State – A Final Concept Governing International Law?
4.2 Defining Statehood
4.3 Achieving Full Independence – The Right to Secession
4.4 Conclusions – Reflective Requirement of Peoples Within the Criteria of Statehood
CHAPTER V THE DE FACTO INDEPENDENCE OF PEOPLES
5.1 Autonomy and Self-Government – Identifying Benchmark Criteria
5.2 Subjects Entitled to Autonomy
5.3 Transcending Categories: Greenland
5.4 Conclusions
CHAPTER VI THE SPATIAL INDEPENDENCE OF PEOPLES
6.1 The Principle of Permanent Sovereignty over Natural Resources – Origins and Evolution
6.2. Rights and Duties of Permanent Sovereignty Over Natural Resources – Revisited From a Current Perspective
6.3 Defining the Scope – Objects and Subjects of the Principle
6.4 Permanent Sovereignty over Natural Resources as a Spatial Tool for Independence of Peoples/Indigenous Peoples?
6.5 The Right to Free, Prior and Informed Consent (FPIC)
6.6 Free, Prior and Informed Consent (FPIC) in Jurisprudence
6.7 Conclusions
CHAPTER VII CONCLUDING REMARKS AND OUTLOOK
ANNEX
TABLE OF TREATIES, CONVENTIONS, LEGISLATION, RESOLUTIONS, AND RULES
TABLE OF CASES
BIBLIOGRAPHY
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