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For they have sown non-domination… : towards a republican account of self-determination
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1973-2937
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European journal of legal studies, 2020, Vol. 12, No. 2, pp. 359-394
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ROCHEL, Johan, For they have sown non-domination… : towards a republican account of self-determination, European journal of legal studies, 2020, Vol. 12, No. 2, pp. 359-394 - https://hdl.handle.net/1814/67837
Abstract
The general objective of this article is to reconstruct the principle of selfdetermination from a republican perspective. Based on a definition of freedom as non-domination, this republican conception offers a consistent reconstruction of the International Court of Justice (ICJ) approach, including the 2019 Chagos Opinion. It also explains the different functions fulfilled by self-determination in international law: a structuring function and an aspirational one. These functions are linked to different bodies of international law relating to self-determination, mainly the law of states and human rights law. In addition to this descriptive dimension, I claim that the republican conception is able to lay down a promising path for rethinking the links with the international regimes of secession and minority protection. Overall, the article proposes a renewed interpretation of selfdetermination which is able to make sense of this key principle of international law beyond the Chagos Opinion and its focus on decolonization.
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Published online: 06 July 2020