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Bangor University DOCTOR of PHILOSOPHY Towards a New Bangor University DOCTOR OF PHILOSOPHY Towards a new understanding of the right of self-determination in the post-colonial context the case of the Iraqi Kurdistan region Al-Mizory, Arsalan Award date: 2015 Awarding institution: Bangor University Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 09. Oct. 2021 Towards a New Understanding of the Right of Self-Determination in the Post-Colonial Context: The case of the Iraqi Kurdistan Region By Arsalan Haji Issa Al-Mizory October/2014 A Thesis submitted to the Department of Law/Bangor University in partial fulfilment of the requirements for the degree of Doctor of Philosophy Supervised by Professor Suzannah Linton I Abstract This thesis discusses the meaning of the right to self-determination in its historical and contemporary perspective, and examines the different options available for the accommodation of contested self-determination claims. Arguably, the creation of new States and secession are amongst the most significant and controversial issues pertaining to self- determination beyond the colonial context. Detailing these implications in relation to the Iraqi Kurdistan Region (IKR), the thesis argues that even if secession is one mechanism to resolve self-determination disputes, this does not do away with the need to continue exploring a new conflict settlement approach as an alternative to extremist secession. The proposed ‘Remedial Earned Sovereignty’ (RES) approach affords a way of assessing post-colonial breakaway movements in their different manifestations. A new entity may come into being lawfully through negotiated and consensual constitutional processes. The RES approach allows another layer of consideration to be added that goes beyond the superficiality of pure ‘legality’, by delving into the legitimacy of the new entity. It will argue that legitimacy is a second layer of essential consideration, and it involves a deeper and more holistic level of analysis. Significantly, the thesis will argue for a need to look at the circumstances that led to the secession and State creation, and also at how the entity has conducted itself, and how it has organised itself internally. It demonstrates that outside the colonial context the emergence of a new State is not a matter of meeting the statehood criteria, but rather a politically realised legal status. Accordingly, in order to navigate through these considerations of legality and legitimacy, a set of guidelines for States in assessing how to deal with entities coming into existence because of secession have been suggested. This is dubbed a ‘Remedial Approach to Post-Colonial External Self Determination’. The thesis will then apply and refine the remedial approach to post-colonial external self-determination in the cases of Kosovo, Quebec and South Sudan, and ultimately test the finalised hypothesis idea on the IKR. This thesis is based on the situation up to (October 2014). I Dedication This thesis is dedicated to the memory of my Father. A man who had no educational opportunity yet persuaded me to stay in school. I am indebted to him for his strength, guidance, and encouragement. He was and is an inspiration to me. Where I am now and where I will be in the future is a direct result of his influence, He can rest in peace. Arsalan AlMizory II Acknowledgments This research could not have been written without the help of some scholars, friends’ and institutions. This thesis was supervised by Professor Suzannah Linton, to whom I will always be indebted, for three years of inspiring discussions, ideas, suggestions, and useful criticism, all of which made my PhD research a truly delightful experience. Professor Linton always found time for lengthy debates, with her invaluable advices and insight, which showed me how to be a better international lawyer, researcher, and future politician. I am also indebted to Professor Dermot Cahill for his vital role and encouragement. I should express my gratitude to Dr. Yvonne McDermott, who helped me in innumerable ways. I appreciate all her contributions of time and ideas, to make my research experience productive and stimulating. I am truly grateful. I am also thankful to all Bangor University/ Law School faculty members and Staff. The research leading to this thesis would not have been possible without the generous financial support of the Kurdistan Regional Government KRG, Ministry of Higher Education, and Scientific Research, HCDP programme, which granted me a scholarship to cover tuition fees, and living expenditures. A special thanks to Dr. Azad Ahmed Saadon, President of Nawroz University in Kurdistan for his belief in this project and unfailing insight and support. I am especially grateful to my wife Dastan for the time, energy, guidance, encouragement, and support she has invested in me. Thank you for being next to me whenever I needed support. I would also to thank my family and friends for the constant reminders and much needed motivation. And to God, who made all things possible. III Declaration and Consent Details of the Work I hereby agree to deposit the following item in the digital repository maintained by Bangor University and/or in any other repository authorized for use by Bangor University. Author Name: Arsalan Al-Mizory Title: Mr. Supervisor/Department: Professor Suzannah Linton and Dr Yvonne McDermott Rees, School of Law Funding body (if any): Ministry of Higher Education and Scientific Research- Kurdistan Regional Government KRG Qualification/Degree obtained: PhD This item is a product of my own research endeavours and is covered by the agreement below in which the item is referred to as “the Work”. It is identical in content to that deposited in the Library, subject to point 4 below. Non-exclusive Rights Rights granted to the digital repository through this agreement are entirely non-exclusive. I am free to publish the Work in its present version or future versions elsewhere. I agree that Bangor University may electronically store, copy or translate the Work to any approved medium or format for the purpose of future preservation and accessibility. Bangor University is not under any obligation to reproduce or display the Work in the same formats or resolutions in which it was originally deposited. Bangor University Digital Repository I understand that work deposited in the digital repository will be accessible to a wide variety of people and institutions, including automated agents and search engines via the World Wide Web. IV I understand that once the Work is deposited, the item and its metadata may be incorporated into public access catalogues or services, national databases of electronic theses and dissertations such as the British Library’s EThOS or any service provided by the National Library of Wales. I understand that the Work may be made available via the National Library of Wales Online Electronic Theses Service under the declared terms and conditions of use (http://www.llgc.org.uk/index.php?id=4676). I agree that as part of this service the National Library of Wales may electronically store, copy or convert the Work to any approved medium or format for the purpose of future preservation and accessibility. The National Library of Wales is not under any obligation to reproduce or display the Work in the same formats or resolutions in which it was originally deposited. Statement 1: This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree unless as agreed by the University for approved dual awards. Signed ………………………………………….. (Candidate) Date …………………………………………….. Statement 2: This thesis is the result of my own investigations, except where otherwise stated. Where correction services have been used, the extent and nature of the correction is clearly marked in a footnote(s). All other sources are acknowledged by footnotes and/or a bibliography. Signed …………………………………………. (Candidate) Date ……………………………………………. Statement 3: V I hereby give consent for my thesis, if accepted, to be available for photocopying, for inter- library loan and for electronic storage (subject to any constraints as defined in statement 4), and for the title and summary to be made available to outside organisations. Signed …………………………………………. (Candidate) Date ……………………………………………. NB: Candidates on whose behalf a bar on access has been approved by the Academic Registry should use the following version of Statement 3: Statement 3 (bar): I hereby give consent for my thesis, if accepted, to be available for photocopying, for inter- library loans and for electronic storage (subject to any constraints as defined in statement 4), after expiry of a bar on access. Signed …………………………………………… (Candidate) Date ……………………………………………… Statement 4: Choose one of the following options a) I agree to deposit an electronic copy of my thesis (the Work) in the Bangor University (BU) Institutional Digital Repository, the British Library ETHOS system, and/or in any other repository authorized for use by Bangor University and where necessary have gained the required permissions for the use of third party material. √ b) I agree to deposit an electronic copy of my thesis (the Work) in the Bangor University (BU) Institutional Digital Repository, the British Library ETHOS system, and/or in any other repository authorized for use by Bangor University when the approved bar on access has been lifted.
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