Journal articles: 'Sovereignty and self-determination'

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Kooijmans, P. H. "Tolerance, Sovereignty and Self-Determination*." Netherlands International Law Review 43, no. 02 (August 1996): 211. http://dx.doi.org/10.1017/s0165070x00004939.

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Mayall, James. "Sovereignty, Nationalism, and Self-Determination." Political Studies 47, no. 3 (August 1999): 474–502. http://dx.doi.org/10.1111/1467-9248.00213.

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Preble, C. "Yugoslavia Unraveled: Sovereignty, Self-Determination, Intervention." Mediterranean Quarterly 15, no. 1 (January 1, 2004): 123–27. http://dx.doi.org/10.1215/10474552-15-1-123.

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McMahan, Jeff. "Intervention and Collective Self-Determination." Ethics & International Affairs 10 (March 1996): 1–24. http://dx.doi.org/10.1111/j.1747-7093.1996.tb00001.x.

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Intervention often violates both respect for state sovereignty and the right to self-determination. McMahan focuses on the latter ethical dimension rather than the former political and legal one, although his claims have important implications for issues of state sovereignty. He challenges the common assumption that respect for self-determination requires an almost exceptionless doctrine of nonintervention by first defining the notions of “intervention” and “self-determination,” and then analyzing Walzer's doctrine of nonintervention. The recognition that there are different ideals of self-determination results in a less rigid and more permissive doctrine of nonintervention.

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Angeli, Oliviero. "Self-Determination and Sovereignty over Natural Resources." Ratio Juris 30, no. 3 (January 11, 2017): 290–304. http://dx.doi.org/10.1111/raju.12148.

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MacFarlane, Neil, and Natalie Sabanadze. "Sovereignty and self-determination: Where are we?" International Journal: Canada's Journal of Global Policy Analysis 68, no. 4 (November 21, 2013): 609–27. http://dx.doi.org/10.1177/0020702013511184.

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Viatori, Maximilian Stefan, and Gloria Ushigua. "Speaking Sovereignty: Indigenous Languages and Self-Determination." Wicazo Sa Review 22, no. 2 (2007): 7–21. http://dx.doi.org/10.1353/wic.2007.0022.

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Scott, David. "Norms of Self-Determination: Thinking Sovereignty Through." Middle East Law and Governance 4, no. 2-3 (2012): 195–224. http://dx.doi.org/10.1163/18763375-00403003.

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This essay is an exploration of the contemporary normative conditions of thinking about the problem of sovereignty. Specifically it is a consideration of some aspects of the way in which the problem of Third World sovereignty has been taken up and argued out in international relations theory and international law on the legal-political terrain of self-determination. The essay traces the transformation of the norm of self-determination as an anti-colonial standard to its post-Cold War re-composition as a norm of democratic governance.

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Shrinkhal, Rashwet. "“Indigenous sovereignty” and right to self-determination in international law: a critical appraisal." AlterNative: An International Journal of Indigenous Peoples 17, no. 1 (March 2021): 71–82. http://dx.doi.org/10.1177/1177180121994681.

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It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.

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Piirimäe, Eva. "Sovereignty, Self-Determination, and Human Rights from Walzer to the Responsibility to Protect." Global Responsibility to Protect 10, no. 4 (October 9, 2018): 393–419. http://dx.doi.org/10.1163/1875984x-01004003.

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This essay explores the intellectual context and conceptual foundations of R2P. Michael Walzer reinitiated debates about humanitarian intervention by grounding sovereignty and non-intervention in individual human rights and communal autonomy (self-determination). Liberal cosmopolitan critics of Walzer highlighted the tension between these two values, and proposed that sovereignty should rather be grounded in individual rights and democratic self-determination. In the post-Cold War era, international lawyers and international relations scholars came to endorse the idea that state sovereignty is qualified by the most basic human rights. High ranking UN officials further proposed that state sovereignty should be redefined as the sovereignty of the people, which, however, was seen as coextensive with the protection of the fundamental individual rights, and as such could be shared by the ‘international community’. R2P adopted a similar approach, glossing over the potential tensions between sovereignty, self-determination and human rights.

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Kelsey, Penelope. "Beyond Settler Sovereignty: Temporal Sovereignty and Indigenous Self-Determination by Mark Rifkin." Western American Literature 54, no. 3 (2019): 323–25. http://dx.doi.org/10.1353/wal.2019.0046.

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Hilpold, Peter. "Self-determination and Autonomy: Between Secession and Internal Self-determination." International Journal on Minority and Group Rights 24, no. 3 (August 8, 2017): 302–35. http://dx.doi.org/10.1163/15718115-02403002.

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The 20th century can be qualified as the century of self-determination. Both politically as legally, the concept of self-determination formed the most important justification for quests for territorial changes. In the present contribution, the many meanings of self-determination and its relationship with the concept of autonomy and with minority rights shall be examined. It shall be shown that although no right to secession outside the colonial context can be discerned the claims for secession to be heard in several parts of Europe are nonetheless of considerable relevance for international law. And contrary to what is mostly held to allow such claims to be expressed may eventually even strengthen state sovereignty.

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Fakhri, Michael. "The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty." AJIL Unbound 108 (2014): 287–94. http://dx.doi.org/10.1017/s2398772300009430.

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In EC—Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary toprotect public morals. It also held that the indigenous communities (IC) exception under the EU Seal Regime is inconsistent with GATT Article I:1 (Most-Favored Nation) because it discriminated against commercial fishers in Canada and Norway and was applied in a manner that favored the mostly Inuit seal hunters of Greenland, and thus ran afoul of Article XX’s chapeau. Since the entire EU Seal Regime is not likely to be done away with, the most important question for Inuit communities is: how will the EU change the discriminatory aspects of the Seal Regime and IC exception? The EU faces an October deadlineto pass its new legislation and this remains a very live issue.

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Becker, Andrea, Katherine Al Ju'beh, and Graham Watt. "Keys to health: justice, sovereignty, and self-determination." Lancet 373, no. 9668 (March 2009): 985–87. http://dx.doi.org/10.1016/s0140-6736(09)60103-3.

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van der Vyver, Johan D. "The Self-Determination of Minorities and Sphere Sovereignty." Proceedings of the ASIL Annual Meeting 90 (1996): 211–14. http://dx.doi.org/10.1017/s027250370008616x.

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Arzoz, Xabier, and Markku Suksi. "Comparing constitutional adjudication of self-determination claims." Maastricht Journal of European and Comparative Law 25, no. 4 (August 2018): 452–75. http://dx.doi.org/10.1177/1023263x18796980.

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The judicial resolution of claims of self-determination by national courts is still exceptional, but rulings seem to be increasing. This paper aims to compare the adjudication of claims of self-determination by constitutional or supreme courts. It will look at three judicial pronouncements from three jurisdictions: the Judgment of the Constitutional Court of the Russian Federation concerning the sovereignty of Tatarstan (1992), the Opinion of the Canadian Supreme Court concerning the secession of Quebec (1998), and the Judgment of the Spanish Constitutional Court concerning the declaration of sovereignty of the Parliament of Catalonia (2014). The paper will draw parallels in the way constitutional or supreme courts have tackled the tension between democracy and constitutionalism.

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Guntrip, Edward. "SELF-DETERMINATION AND FOREIGN DIRECT INVESTMENT: REIMAGINING SOVEREIGNTY IN INTERNATIONAL INVESTMENT LAW." International and Comparative Law Quarterly 65, no. 4 (August 15, 2016): 829–57. http://dx.doi.org/10.1017/s0020589316000324.

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AbstractInternational investment law can be criticized for its understanding of sovereignty. Informed by the works of Koskenniemi, this article reimagines ‘sovereignty’ based on a host State population exercising its right to economic self-determination. Recent transparency initiatives in international investment law support this conceptualization of sovereignty. Further, the stance taken aligns with the continuous evolution of the international investment law regime. The establishment of a different perspective on sovereignty in international investment law highlights the need for an alternative understanding of this term if international investment law is to achieve widespread approval.

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Evi Kristhy, Mutia, and H. Suriansyah Murhaini. "RELEVANCE OF RIGHT TO ECONOMIC SELF-DETERMINATION (RESD) PRINCIPLES OF INDONESIAN SOVEREIGNTY IN BILATERAL INVESTMENT TREATY (BIT)." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 176. http://dx.doi.org/10.23887/jkh.v6i1.23468.

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The RESD principle is relevant for protecting the sovereignty of the Indonesian state in BIT negotiations, formulations and implementation. This relevance is based on the willingness and ability of the Indonesian state to exercise its sovereign authority responsibly in managing foreign investment. Accountability of sovereignty functions in the context of foreign investment can be proven through the willingness and ability of the functions it carries to ensure the availability of political good and public good to all parties who invest in their jurisdiction. Proving the country can be done through three main principles of the implementation of state sovereignty, namely responsibly, in accordance with good governance, and international standards of civilization. These three principles are manifested in the country's willingness and ability to guarantee political good in carrying out foreign investment relations with foreign investors and partner countries. Political good in this context is democratic governance (rule of law), good governance (anti-corruption). The implication of this legitimacy is that the state is spared or even cannot be interfered by other authorities, because it has a bargaining position. Keywords: Right to Economic Self-Determination (RESD), Bilateral Investment Treaty (BIT), Sovereignty.

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Oguamanam, Chidi. "Indigenous Peoples, Data Sovereignty, and Self-Determination: Current Realities and Imperatives." African Journal of Information and Communication, no. 26 (December 15, 2020): 1–20. http://dx.doi.org/10.23962/10539/30360.

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Abstract This study explores the current state and dynamics of the global Indigenous data sovereignty movement—the movement pressing for Indigenous peoples to have full control over the collection and governance of data relating to their lived realities. The article outlines the movement’s place within the broader push for Indigenous self-determination; examines its links to big data, open data, intellectual property rights, and access and benefit-sharing; details a pioneering assertion of data sovereignty by Canada’s First Nations; outlines relevant UN and international civil society processes; and examines the nascent movement in Africa. The study identifies a fundamental tension between the objectives of Indigenous data sovereignty and those of the open data movement, which does not directly cater for Indigenous peoples’ full control over their data. The study also identifies the need for African Indigenous peoples to become more fully integrated into the global Indigenous data sovereignty movement.

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GÜMPLOVÁ, PETRA. "Sovereignty over natural resources – A normative reinterpretation." Global Constitutionalism 9, no. 1 (September 17, 2019): 7–37. http://dx.doi.org/10.1017/s2045381719000224.

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Abstract:This article provides a normative account of sovereign rights to natural resources on the basis of moral principles which underlie its international legal structure – the right to self-determination and human rights. The first part locates the emergence of the system of sovereign rights to natural resources in the process of the decolonisation and justifies it as a correction of historical injustice of violent appropriation of natural resources. The second part identifies the key moral component and justificatory principle of the system of sovereign rights to natural resources – the right to self-determination. I outline a justice-based interpretation of the right to self-determination and show why rights to natural resources are its corollary. The last part connects rights to self-determination and rights to natural resources to human rights and shows how human rights define the permissible scope of rights to natural resources in two dimensions – the dimension of political legitimacy of the exercise of resource rights and the dimension of the distribution of resource benefits.

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Huddleston, R. Joseph. "Continuous recognition: A latent variable approach to measuring international sovereignty of self-determination movements." Journal of Peace Research 57, no. 6 (October 28, 2020): 789–800. http://dx.doi.org/10.1177/0022343320960208.

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How do self-determination groups move toward diplomatic recognition? Although recognition is the dominant activity used to understand international sovereignty, it is perhaps the most costly decision states make towards these groups. Third parties have many substantial interactions with aspiring states, building their sovereignty by other important means. I argue that our understanding of international sovereignty can be improved by conceptualizing it as a dynamic, continuous process, reflected in foreign policy decisions short of the legal recognition. I create a Bayesian latent variable model of international sovereignty, using bilateral data on diplomatic exchange, IGO voting, sanctions, military aid, and intervention in separatist conflicts. Complementing prior work on international sovereignty, my measure provides support for important theoretical expectations previously explored using only recognition as a measure of sovereignty. I find that diplomatic recognition, extant violence, separatist victory, and sour third-party–incumbent relations positively impact latent sovereignty of separatists, while concern for precedent negatively impacts it.

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Cortese, Francesco Albert Bosco. "The Technoethical Ethos of Technic Self-Determination." International Journal of Technoethics 7, no. 2 (July 2016): 1–27. http://dx.doi.org/10.4018/ijt.2016070101.

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This paper addresses concerns that the development and proliferation of Human Enhancement Technologies (HET) will be (a) dehumanizing and (b) a threat to our autonomy and sovereignty as individuals. The paper argues contrarily that HET constitutes nothing less than one of the most effective foreseeable means of increasing the autonomy and sovereignty of individual members of society. Furthermore, it elaborates the position that the use of HET exemplifies – and indeed even intensifies – our most human capacity and faculty: namely the desire for increased self-determination, which is referred to as the will toward self-determination. Based upon this position, the paper argues that the use of HET bears fundamental ontological continuity with the human condition in general and with the historically-ubiquitous will toward self-determination in particular. HET will not be a dehumanizing force, but will rather serve to increase the very capacity that characterizes us as human more accurately than anything else.

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Wesley-Smith, Terence. "Self-determination in Oceania." Race & Class 48, no. 3 (January 2007): 29–46. http://dx.doi.org/10.1177/0306396807073854.

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The interplay between national self-determination, the colonial legacy, the concept of sovereignty and the nature of state formation is what is at issue in any understanding of political development in the Pacific Islands. These complex territorial entities, scattered over thousands of square miles of ocean, embrace a vast range of cultural, geographical and linguistic diversity. Indigenous social and political organisation has been overlaid by arbitrary colonial divisions, and a model of western-style nation state formation promulgated by UN agencies. In the event, many of the fundamental economic and political problems of these societies have never been properly addressed-a situation exacerbated by the growing recourse to interventionism against ‘failed’ states by the most powerful. Any starting point for true self-determination in Oceania has to be found in indigenous practices of self-government.

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Minch-de Leon, Mark. "Beyond Settler Time: Temporal Sovereignty and Indigenous Self-Determination." Philosophy & Rhetoric 55, no. 3 (October 1, 2022): 312–23. http://dx.doi.org/10.5325/philrhet.55.3.0312.

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Aguilera, Carolina. "Beyond settler time: temporal sovereignty and indigenous self-determination." Ethnic and Racial Studies 41, no. 13 (April 5, 2018): 2346–48. http://dx.doi.org/10.1080/01419870.2018.1456671.

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Muharremi, Robert. "Kosovo's Declaration of Independence: Self-Determination and Sovereignty Revisited." Review of Central and East European Law 33, no. 4 (2008): 401–35. http://dx.doi.org/10.1163/157303508x339689.

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Abstract In this article, the author analyzes the implications of Kosovo's declaration of independence on state sovereignty and the principle of self-determination of peoples. He begins with an outline of the political process leading to the declaration of independence and the reactions of the international community thereto in which he also presents the various legal arguments raised for and against the lawfulness of Kosovo's secession from Serbia. The author continues with a discussion of whether the principle of self-determination of peoples does apply in the Kosovo case and whether the operation of this principle would justify a 'remedial secession'. Subsequently, he analyzes whether UN Security Council Resolution 1244 may be a legal barrier to Kosovo's independence to the extent that Serbia does not consent to such independence. Finally, in view of the extensive powers vested in the new international presence following Kosovo's declaration of independence, he discusses whether Kosovo fulfills the criteria of effective government and independence for being a state under general international law. The author concludes that international law remains controversial as to questions pertaining to conflicts between state sovereignty and self-determination of peoples and particularly to 'remedial secession', and that it is still too early to determine the impact of the Kosovo case on the development of international law.

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Ngang, Carol Chi. "Self-Determination and the Southern Cameroons’ Quest for Sovereign Statehood." African Journal of International and Comparative Law 29, no. 2 (May 2021): 288–308. http://dx.doi.org/10.3366/ajicl.2021.0364.

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In this article, I provide a historical narrative and legal analysis of the Southern Cameroons’ quest for sovereign statehood on the basis of the right to self-determination under international law, which grants entitlement to political independence and to socio-economic and cultural development. This account is motivated by the manner in which the question of self-determination for the Southern Cameroons has been dealt with since the times of decolonisation, resulting in yet another bloody conflict on the African continent. Contrary to the global commitment to secure universal peace and security and the adherence by member states of the African Union to human rights and a peaceful and secure Africa, the escalating conflict in the Southern Cameroons not only challenges these aspirations but has also generated a humanitarian emergency of enormous proportions. Because self-determination is guaranteed to apply unconditionally within the context of decolonisation, I post two important questions. First, why was the Southern Cameroons deprived of the right to sovereign statehood when other trust territories gained independence? Second, is the Southern Cameroons still entitled to assert sovereignty on the basis of the inalienable right to self-determination? In responding to these questions, I explain how self-determination for the Southern Cameroons was compromised and further provide justification for the legitimate quest to sovereign statehood.

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Mills, Kurt. "Reconstructing Sovereignty: A Human Rights Perspective." Netherlands Quarterly of Human Rights 15, no. 3 (September 1997): 267–90. http://dx.doi.org/10.1177/092405199701500302.

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The balance between traditional conceptions of sovereignty and human rights is changing. This article argues that developments in the area of human rights and humanitarian assistance are forcing a reconceptualisation of the rights and duties inherent in claims to sovereign authority. Further, from a normative political theory perspective, this article maintains that by investigating the social purpose of the State, we can identify’ three essential building blocks of sovereignty – human rights, popular sovereignty, and self-determination. In addition, this same analysis leads to the conclusion that the international community has not only a right but a duty to ensure that human rights are protected. In other words, a reconceptualisation of the relationship between individuals, groups, the State, and the international community is put forth which is more ambiguous than traditional formulations.

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Cowie, Chadwick. "‘Quebec Sovereignty and Indigenous Nationhoods: Critiquing The Quebec Secessionist Movement from “an Indigenous” Lens’." Journal of Australian, Canadian, and Aotearoa New Zealand Studies 1, no. 1 (June 11, 2021): 7–44. http://dx.doi.org/10.52230/tequ4081.

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The purpose of this article is to assess and critique the Quebec secessionist movement from an Indigenous lens in order to include other contexts and views on the aforementioned topic that is traditionally left to the peripheries of the Quebec secessionist movement. In order to add an Indigenous lens to the discussion of Quebec’s secessionist movement, this paper will first review the concepts of sovereignty and self-determination from both ‘western-centric’ and Indigenous views. Furthermore, this article will then review the historical formation of French and English settlers and power in what Indigenous peoples call Turtle Island, from the 1500s until 1960. Lastly, with the many political, economic, and societal changes from the 1960s and on, this paper will critique the competing views of Quebec as a sovereign entity to that of Indigenous nationhoods. This article concludes that for Quebec to truly reflect a decolonized state, the inclusion of Indigenous nations as equal partners with their own sovereignty and self-determination recognized must also occur.

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AlMizory, Arsalan H. "Acquisition of Legitimacy in Self-Determination Conflicts." Academic Journal of Nawroz University 8, no. 4 (December 20, 2019): 298. http://dx.doi.org/10.25007/ajnu.v8n4a475.

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We have entered to an era in which the conflicts have become one of the most intensely perceived security problems of the contemporary world. Their nature is usually violent, accompanied by human casualties, which may escalate to humanitarian crises and may cause population migration, the formation of radical groups, economic decline, and eventually the fragmentation threat to the state territorial integrity. As a power-sharing formula, ‘Acquisition of Legitimacy Approach’ as a new Formula for Global Peace and Security Corporation has proposed to assist the State and sub-state entity involved in sovereignty conflicts, and future peace negotiators to identify an emerging approach, which may be well suited to help them in the resolution of their particular conflict. This article will demonstrate that the new formula may be attractive enough to those seeking to exercise the newly recognised right of remedial secession, who have grown unsatisfied with the prospect of simple autonomy. Accordingly, this theory would grant independence and statehood to those peoples that have been labelled as peaceful, that have engaged through peaceful means with the international community to assert their independence, such as Kosovar, Albanians or the East Timorese, would have earned their right to exist as sovereign independent States.

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Reus-Smit, Christian. "Human rights and the social construction of sovereignty." Review of International Studies 27, no. 4 (October 2001): 519–38. http://dx.doi.org/10.1017/s0260210501005198.

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Sovereignty and human rights are generally considered separate, mutually contradictory regimes in international society. This article takes issue with this conventional assumption, and argues that only by treating sovereignty and human rights as two normative elements of a single, inherently contradictory modern discourse about legitimate statehood and rightful state action can we explain key moments in the expansion of the international system during the twentieth century. After developing a constructivist argument about communicative action, norm formation and sovereignty, the article focuses on post-1945 decolonization, showing how ‘first wave’ post-colonial states played a crucial role in constructing the ‘international bill of rights’, how they invoked those rights to justify the norm of self-determination, and how this norm in turn licensed the proliferation of new sovereign states in Asia and elsewhere.

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Baksheev, Andrey Ivanovich, Pavel Alexandrovich Novikov, Alla Lospanovna Mongush, Saida Vladimirovna Saaya, Julia Sergeevna Shepeleva, and Dmitry Vladimirovich Rakhinsky. "Prerequisites for self-determination and the sovereignty of Tuva (Russia) in 1921." LAPLAGE EM REVISTA 7, no. 3C (September 29, 2021): 272–77. http://dx.doi.org/10.24115/s2446-6220202173c1618p.272-277.

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The article analyzes the prerequisites of self-determination and sovereignty of Tuva in 1921. Briefly, the general context of events is revealed, the main episodes and key personalities are listed. Using historical-genetic, comparative-historical and problem-chronological methods, the positions of Mongolia and Soviet Russia and their relationship on the status of Tuva, the organization and convocation of the All-Tuva Constituent Khural, which proclaimed the independence of Tuva, as well as the consequences of the declaration of independence of Tuva, were reconstructed. The role of the authorized representative of the Sibrevkom in Uryanhai I.G. Safyanov in this process is shown. In conclusion, the authors conclude that the emergence of a sovereign Tuva state was made possible both due to the contradictory political situation in Asia and due to the role of I.G. Safyanov in history. Since 1921, Tuva began to live and develop in the political and economic conditions created by the Constituent Khural.

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Gehrig, Sebastian. "Dividing the Indivisible: Cold War Sovereignty, National Division, and the German Question at the United Nations." Central European History 55, no. 1 (March 2022): 70–89. http://dx.doi.org/10.1017/s0008938921001771.

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AbstractDivided Germany became one of the focal points for international disputes over sovereignty in the late 1960s and early seventies. In a period that is commonly associated with West German Ostpolitik and the diplomatic recognition of German division, the international community disputed how the sovereignty of “divided nations” should be framed under international law. The German-German battle over the terms of détente unfolded within these politics of sovereignty surrounding conflicts over “national divisions” along Cold War front lines as well as the simultaneous confrontations over postcolonial sovereignty. At the United Nations, the issues of German and Chinese division converged at the height of decolonization when East German concepts of sovereignty and self-determination challenged the UN foundational principle of “one nation, one seat” rooted in ethnic nationality. Eventually, the United Nations accepted a German exceptionalism in admitting both German states as members in 1973 based on historical rather than legal explanations for divided German sovereignty, while conflicts around “divided countries” in Asia remained unresolved. In turn, these clashes over international law transformed older German legal traditions of sovereignty and self-determination and opened up Staatsrecht frameworks to legal concepts originating from decolonization.

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Creamer, Shane. "The Principle of Sovereignty, Jurisdiction and Irelands Relationship with Europe." European Business Law Review 28, Issue 5 (September 1, 2017): 713–29. http://dx.doi.org/10.54648/eulr2017035.

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This essay briefly examines the past, present and future of the principle of sovereignty from an Irish perspective. It explores the different forms of sovereignty, and how this principle has been challenged. It discusses how sovereignty has been interpreted and utilised in contemporary international law. To do so, the paper focuses on extraterritorial and universal jurisdiction and the right to self-determination. It attempts to understand the limits of the principle through the decisions of both Irish and international courts. The history of Ireland makes it a useful case study. After being linked to Britain for centuries, the Republic of Ireland became a sovereign state in the middle of the twentieth century. Only a few decades later, the sovereignty of the state was again altered as it entered the European Economic Community (EEC), now the European Union (EU) and this relationship will be discussed. Other international treaties have further altered its sovereign status. The paper also assesses a contemporary Irish problem; specifically the financial bailout, which also had an impact on its sovereignty. Potential implications from the United Kingdom’s vote to leave the European Union will also be examined. Finally it will consider the future of sovereignty and its interpretation in the Irish courts. Debate as to what the future holds for this principle, and how the courts many interpret it in forthcoming cases.

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Jackson, Sarah-Nelle. "Consorting with Stone." English Language Notes 58, no. 2 (October 1, 2020): 101–20. http://dx.doi.org/10.1215/00138282-8557949.

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Abstract This essay places Marie de France’s lai “Yonec” (ca. 1150–1200) and the anonymous Middle English romance King Horn (ca. 1250–1300) in conversation with critical Indigenous theories of relational, land-based sovereignty and resurgence. At first, “Yonec” and King Horn appear to reinscribe a Western form of sovereignty based on exclusive territorial control. Both works offer alternative models of sovereignty and self-determination, however, in their depictions of cooperative, lithic alliance between stone and female consorts. Adopting the term lithic sovereignty to describe the works’ relation-based sovereign imaginaries, this essay first follows the King Horn narrator’s depiction of Godhild’s hermetic retreat into stone when Saracens conquer her husband’s realm. Then it turns to the nameless lady of “Yonec” and her implausible escape from her jealous husband’s tower, facilitated by the very stone that had seemed to entrap her. Drawing on critical Indigenous studies, legal studies, and ecomaterialism, this essay concludes that both King Horn and “Yonec” offer a medieval British imaginary of lithic relational sovereignty that runs counter to teleological, naturalizing narratives of Euro-Western origins.

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Thornberry, Patrick. "Autonomy, sovereignty, and self-determination: the accommodation of conflicting rights." International Affairs 67, no. 3 (July 1991): 570–71. http://dx.doi.org/10.2307/2621960.

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O'Leary, Brendan, and Hurst Hannum. "Autonomy, Sovereignty and Self-Determination: The Accommodation of Conflicting Rights." British Journal of Sociology 44, no. 4 (December 1993): 716. http://dx.doi.org/10.2307/591422.

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Banai, Ayelet. "Freedom beyond the threshold: self-determination, sovereignty, and global justice." Ethics & Global Politics 8, no. 1 (January 2015): 24446. http://dx.doi.org/10.3402/egp.v8.24446.

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Pierre, Andrew J., and Hurst Hannum. "Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights." Foreign Affairs 70, no. 2 (1991): 175. http://dx.doi.org/10.2307/20044717.

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Gould, Carol C. "Self-Determination beyond Sovereignty: Relating Transnational Democracy to Local Autonomy." Journal of Social Philosophy 37, no. 1 (March 2006): 44–60. http://dx.doi.org/10.1111/j.1467-9833.2006.00302.x.

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Smith, Sherry L. "Sovereignty for Survival: American Indian Development and Indian Self-Determination." Ethnohistory 63, no. 4 (October 2016): 762–63. http://dx.doi.org/10.1215/00141801-3633539.

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Gustafson, Lowell S., and Hurst Hannum. "Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights." Political Science Quarterly 106, no. 1 (1991): 181. http://dx.doi.org/10.2307/2152215.

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Campos, Alicia. "Oil, Sovereignty & Self‐Determination: Equatorial Guinea & Western Sahara." Review of African Political Economy 35, no. 117 (September 2008): 435–47. http://dx.doi.org/10.1080/03056240802411081.

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Beck, David R. M. "Sovereignty for Survival: American energy development and Indian self-determination." Social History 42, no. 2 (April 3, 2017): 309–11. http://dx.doi.org/10.1080/03071022.2017.1290358.

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Clément Picos, Eugénie. "Food sovereignty, Diné ontologies: spiritual and political ecology as tools for self-determination." REVISTA CUHSO 30, no. 1 (July 23, 2020): 40–59. http://dx.doi.org/10.7770/cuhso-v30n1-art2107.

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This article focuses on the different actors involved in the food sovereignty movement in the Navajo Nation. By first looking at the historical roots of colonization and western dominance over Indigenous lands and their food systems, I try to give some perspective on the actual movement to end colonization and capitalism. Both are seen as linked and are considered obstacles for the self-determination of the Navajos and Indigenous Peoples in general. The different actors involved (farmers, grassroots activists, intellectuals and academics) put forth food sovereignty as a key tool for decolonization. This might include a structural change in their political and economical lives, with interpersonal conflicts and frictions with the tribal government and the federal one. The tensions between the extractive economy, environmentalists and food sovereignty are present in the Navajo nation and impact their communities and the quality of their lives.

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Clément Picos, Eugénie. "Food sovereignty, Diné ontologies: spiritual and political ecology as tools for self-determination." REVISTA CUHSO 30, no. 1 (July 23, 2020): 40–59. http://dx.doi.org/10.7770/cuhso.v30i1.2107.

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Abstract:

This article focuses on the different actors involved in the food sovereignty movement in the Navajo Nation. By first looking at the historical roots of colonization and western dominance over Indigenous lands and their food systems, I try to give some perspective on the actual movement to end colonization and capitalism. Both are seen as linked and are considered obstacles for the self-determination of the Navajos and Indigenous Peoples in general. The different actors involved (farmers, grassroots activists, intellectuals and academics) put forth food sovereignty as a key tool for decolonization. This might include a structural change in their political and economical lives, with interpersonal conflicts and frictions with the tribal government and the federal one. The tensions between the extractive economy, environmentalists and food sovereignty are present in the Navajo nation and impact their communities and the quality of their lives.

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Salman, Ton. "Narrow margins, stern sovereignty." Focaal 2006, no. 47 (June 1, 2006): 62–76. http://dx.doi.org/10.3167/092012906780646523.

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This article argues that the current Bolivian political crisis is ‘made’ both internally and abroad. Yet it is much more than a simple adding up of the two constituent factors: external influences are always mediated by local actors. Local actors turn these influences into meaningful issues and demands in the Bolivian political context. These actors, in turn, are co-constituted by external forces, as is the case with the prominent indigenous movements in the country: their self- awareness and identity politics in part depend upon support and discourses of a transnational nature. The fact that these indigenous movements insist on sovereignty and self-determination with regard to the use of Bolivia’s natural resources is a case in point. This demand, at the same time, is articulated in a setting in which this sovereignty suffers from tightening margins due to the external obligation to restructure both the state and the economy.

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Cavalieri, Consuelo E. "Situating Psychotheraphy with Tribal Peoples in a Sovereignty Paradigm." Journal for Social Action in Counseling & Psychology 5, no. 3 (July 20, 2018): 25–43. http://dx.doi.org/10.33043/jsacp.5.3.25-43.

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American Indian and Alaska Native (AIAN) nations have experienced profound disruptions to their lifeworlds as a result of ongoing colonialism. With striking regularity, these disruptions have violated Tribal sovereignty, impacting Tribal capacities for self-determination. The ensuing distress within Tribal communities has been marked by the intergenerational transmission of colonial traumas and losses that have been conceptualized as historical trauma, historical trauma response, historical unresolved grief, and colonial trauma response. For mental health professionals to de-colonize their work with Tribal peoples, it is necessary to imbue mental health research and practice with a sovereignty perspective that supports Tribal nations’ rights to self-determination. In a sovereignty-based paradigm, psychotherapy and research would involve critically examining colonial assumptions currently enacted in western research and psychotherapy approaches and a search for therapeutic approaches that nurture each Tribal people’s self-determined relational, knowledge, and value systems.

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Prickartz, Anne-Carlijn. "The European Union’s Common Fisheries Policy, the Right to Self-determination and Permanent Sovereignty over Natural Resources." International Journal of Marine and Coastal Law 35, no. 1 (March 18, 2019): 82–105. http://dx.doi.org/10.1163/15718085-23343068.

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Abstract In Front Polisario and Western Sahara Campaign UK, the European Court of Justice applied the principles of self-determination and permanent sovereignty over natural resources, deciding that the various international agreements concluded with Morocco, including the Fisheries Partnership Agreement and its 2013 Protocol, should be interpreted as excluding Western Sahara’s territory and adjacent waters. These cases and Western Sahara’s situation more generally raise several questions regarding the external aspect of the European Union’s (EU) Common Fisheries Policy and the impact of international law on the EU’s fisheries agreements. In particular, the principle of self-determination may require the scope of application of the EU’s fisheries agreements to be (more) limited to safeguard the interests of those peoples protected by the principles of self-determination and permanent sovereignty over natural resources. This article outlines the continued influence of the principle of self-determination, including its influence on the actions of the EU.

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Amaral, Maria Lúcia. "Forty years of Constitution, Thirty years of integration." UNIO – EU Law Journal 3, no. 1 (January 2, 2017): 33–37. http://dx.doi.org/10.21814/unio.3.1.6.

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This article presents an assessment on the history of the Portuguese constitutional option for the European project path. It also reflects about the juridical-political aspects of the construction of the European Portugal and the meanings of sovereignty and self-determination in the context of the European integration, highlighting that in the present the ones responsible for its political conduction are not known, especially when we consider the crisis of the sovereign debts.

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Journal articles on the topic 'Sovereignty and self-determination'

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