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Study Materials Self-Determination in International Law & Africa and International Law in the 21St Century

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Study Materials Self-Determination in International Law & Africa and International Law in the 21St Century Addis Ababa, Ethiopia 7 April - 2 May 2014 STUDY MATERIALS SELF-DETERMINATION IN INTERNATIONAL LAW & AFRICA AND INTERNATIONAL LAW IN THE 21ST CENTURY Codification Division of the United Nations Office of Legal Affairs Copyright © United Nations, 2014 Addis Ababa, Ethiopia 7 April - 2 May 2014 JUDGE ABDULQAWI YUSUF Codification Division of the United Nations Office of Legal Affairs Copyright © United Nations, 2014 RULES OF INTERNATIONAL LAW GOVERNING SELF-DETERMINATION Legal Instruments and Documents 1. Report of the Committee of Jurists on the Aaland Islands Question, League of Nations, 10 1920 (LN Doc. B.7 21/68/106) 2. Declaration on the granting of independence to colonial countries and peoples (United 17 Nations General Assembly resolution 1514 (XV) of 14 December 1960) 3. Principles which should guide Members in determining whether or not an obligation 22 exists to transmit the information called for under Article 73 e of the Charter (United Nations General Assembly resolution 1541(XV) of 15 December 1960, annex) 4. I nternational Covenant on Civil and Political Rights, 1966 For text, see Study Materials, International Human Rights Law, The Core International Human Rights Treaties 5. International Covenant on Economic, Social and Cultural Rights, 1966 For text, see Study Materials, International Human Rights Law, The Core International Human Rights Treaties 6. Declaration on Principles of International Law concerning Friendly Relations and Co- operation among States in accordance with the Charter of the United Nations (United Nations General Assembly resolution 2625 (XXV) of 24 October 1970, annex) For text, see Study Materials, Peaceful Settlement of International Disputes 7. Final Act of the Conference on Security and Co-operation in Europe, 1975 26 8. African Charter on Human and Peoples’ Rights, 1981 For text, see, Study Materials, The Work of the African Union Commission on International Law in the Development of International Law in Africa 9. Vienna Declaration and Programme of Action, World Conference on Human Rights, 58 1993 (A/CONF.157/23) 10. Importance of the universal realization of the right of peoples to self-determination and 74 of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights (United Nations General Assembly resolution 48/94 of 20 December 1993) 11. Protocol on Democracy and Good Governance Supplementary to the Protocol relating 78 to the Mechanism For Conflict Prevention, Management, Resolution, Peacekeeping and Security, Economic Community of West African States, 2001 12. African Charter on Democracy, Elections and Governance, 2007 For text, see, Study Materials, The Work of the African Union Commission on International Law in the Development of International Law in Africa 13. United Nations Declaration on the Rights of Indigenous Peoples (United Nations 92 General Assembly resolution 61/295 of 13 September 2007, annex) Case Law 14. Legal Consequences for States of the Continued Presence of South Africa in Namibia 100 (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, p. 16 15. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14 For text, see Study Materials, Peaceful Settlement of International Disputes 16. Accordance with International Law of the Unilateral Declaration of Independence in 128 Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010, p. 1 17. East Timor (Portugal v. Australia), Judgment, I.C.J. Reports 1995, p. 90 152 18. Legal Consequences of the Construction of a Wall in the Occupied Palestinian 162 Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136 19. Separate Opinion of Judge Higgins, Legal Consequences of the Construction of a Wall 198 in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, pp. 207- 218 20. Separate Opinion of Judge Kooijmans, Legal Consequences of the Construction of a 206 Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, pp. 219-234 21. Separate Opinion of Judge Elaraby, Legal Consequences of the Construction of a Wall 216 in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, pp. 246- 259 22. Frontier Dispute (Burkina Faso v. Republic of Mali), Judgment, I.C.J. Reports 1986, 224 p. 554 23. Katangese Peoples’ Congress v. Zaire, No. 75/92, African Commission on Human and 274 Peoples’ Rights, 1992 24. Reference by the Governor-General concerning Certain Questions relating to the 276 Secession of Quebec from Canada, Supreme Court of Canada, [1998] 2 S.C.R. 217, 20 August 1998 25. The African Commission on Human and Peoples’ Rights v. Great Socialist People’s 304 Libyan Arab Jamahiriya, Order for Provisional Measures, No. 004/2011, African Court on Human and Peoples’ Rights, 25 March 2011 26. The Social and Economic Rights Action Center and the Center for Economic and Social 310 Rights v. Nigeria, No. 155/96, African Commission on Human and Peoples' Rights, 27 May 2001 Recommended Readings (not reproduced) 27. Anthony Carty, “From the Right to Economic Self-Determination to the Right to Development: A Crisis in Legal Theory”, Third World Legal Studies, Vol. 1984, pp. 73- 86 28. Theodore Christakis, “The ICJ Advisory Opinion on Kosovo: Has International Law Something to Say about Secession?”, Leiden Journal of International Law, Vol. 24, No. 1, 2011, pp. 73-86 29. Emeka Duruigbo, “Permanent Sovereignty and Peoples’ Ownership of Natural Resources in International Law”, George Washington International Law Review, Vol. 38, No. 1 (2006), pp. 33-100 30. Richard Falk, “The Kosovo Advisory Opinion: Conflict Resolution and Precedent” in “Agora: The ICJ’s Kosovo Advisory Opinion”, The American Journal of International Law, Vol. 105, No. 1, 2011, pp. 50-60 31. Alice Farmer, “Towards a Meaningful Rebirth of Economic Self-Determination: Human Rights Realization in Resource-rich Countries”, New York University Journal of International Law and Politics, Vol. 39, No. 2, 2007, pp. 417-473 32. Thomas M. Franck, “The Emerging Right to Democratic Governance”, The American Journal of International Law, Vol. 86, 1992, pp. 46-91 33. Jan Klabbers, “The Right to be Taken Seriously: Self-Determination in International Law”, Human Rights Quarterly, Vol. 28, No. 1, 2006, pp. 186-206 34. Marcelo G. Kohen and Katherine Del Mar, “The Kosovo Advisory Opinion and UNSCR 1244 (1999): A Declaration of ‘Independence from International Law’?”, Leiden Journal of International Law, Vol. 24, No. 1, 2011, pp. 109-126 35. Makau wa Mutua, “Why Redraw the Map of Africa: A Moral and Legal Inquiry”, Michigan Journal of International Law, Vol. 16, 1995, pp. 1113-1176 36. Joe Oloka-Onyango, “Heretical Reflections on the Right to Self-Determination: Prospects and Problems for a Democratic Global Future in the New Millennium”, American University International Law Review, vol. 15 (1999-2000), pp. 151-208 37. Marc Weller, “Modesty Can Be a Virtue: Judicial Economy in the ICJ Kosovo Opinion?”, Leiden Journal of International Law, Vol. 24, No. 1, 2011, pp. 127-147 38. Ralph Wilde, “Self-Determination, Secession, and Dispute Settlement after the Kosovo Advisory Opinion”, Leiden Journal of International Law, Vol. 24, No. 1, 2011, pp. 149- 154 39. S. Kumar Banerjee, “The Concept of Permanent Sovereignty over Natural Resources – An Analysis”, The Indian Journal of International Law, vol. 8 (1968), p 515-546 40. Allen Buchanan, Justice, Legitimacy, and Self-Determination – Moral Foundations for International Law, (New York, Oxford University Press Inc., 2003) 41. Antonio Cassese, Self-determination of peoples: A Legal Reappraisal, Cambridge, Cambridge University Press, 1999 42. Matthew Craven, “Statehood, Self-determination and Recognition”, in Malcolm D. Evans (ed.) International Law, Oxford, Oxford University Press, 2010 43. James Crawford, The Creation of States in International Law, 2nd ed., New York, Oxford University Press Inc., 2006 44. Morton Halperin, David Scheffer and Patricia Small, Self-Determination in the New World Order, Carnegie Endowment for International Peace, Washington D.C., Carnegie Endowment, 1992 45. Robert H. Jackson, Quasi-States: Sovereignty, International Relations, and The Third World, Cambridge, Cambridge University Press, 1990 46. Edward McWhinney, Self-Determination of Peoples and Plural-Ethnic States in Contemporary International Law: Failed States, Nation-Building, and the Alternative, Federal Option, Leiden, Martinus Nijhoff Publishers, 2007 47. Oji Umozurike, The African Charter on Human and Peoples’ Rights, Martinus Nijhoff Publishers, 1997 48. Alexandra Xanthaki, Indigenous Rights and United Nations Standards: Self- Determination, Culture and Land, New York, Cambridge University Press, 2007 AFRICA AND INTERNATIONAL LAW IN THE 21ST CENTURY Legal Instruments and Documents 1. African Charter on Human and Peoples' Rights, 1981 For text, see, Study Materials, The Work of the African Union Commission on International Law in the Development of International Law in Africa 2. Constitutive Act of the African Union, 2000 For text, see, Study Materials, The Work of the African Union Commission on International Law in the Development of International Law in Africa 3. Protocol Relating to the Establishment of the Peace and Security Council of the African Union, 2002 For text, see, Study Materials, The Work of the African Union Commission on International Law in the Development
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