TENTAMEN INTERNATIONAL & EUROPEAN LAW
23 april 2021
, SELF-DETERMINATION AND STATEHOOD (SUBJECTS)
> PIL: STATES, INDIVIDUALS, INTERNATIONAL ORGANISATIO NS &
JURISDIC TIO N
Self-determination = all people have a right to freely determine their political status and pursue
their economic, social and cultural development (art. 1 UN Charter).
Internal self-determination > people want autonomy within the state, pursuing their political,
economic, social and cultural development within the state (bv. Provinces in Holland).
External self-determination > creating an own independent state, this is the most extreme
case where an area secedes.
Criteria:
I. There has to be a colonized state
II. That state has to find themselves to alien (dominated by another government)
subjugation, domination or exploitation.
III. Third option: remedial secession: in case of extreme oppression and total denial of
internal self-determination
Right to self-determination > a right to external self-determination doesn’t necessary lead to
secession, they can also remain within the existing state.
Kosovo case > the ICJ had the opportunity to state its position whether Kosovo could secede in
accordance with international law, but refrained from doing so.
International law does not contain a prohibition (!) of declarations of independence
It is beyond the scope of the question from the General Assembly to discuss this right
Id did not violate international law
The rules are so complicated > maintaining stability!
SO: you can decide to declare yourself independent, but you don’t always have to right to self-
determination > then you have to meet the criteria.
State succession = the replacement of one state by another in the responsibility for the
international relations of territory.
Rights and duties of (new) states:
The clean slate approach > the new state is not bound by the former treaties and agreements
Exceptions:
I. Uti possidetis juris = geographical boundaries remain in force
II. Obligations under human rights & humanitarian law > does not impact obligation arising
from human rights
International law is different from national law > no centralized legislative and executive bodies, no
mandatory settlement procedures and no decentralized system.
17/18th century > first modern international law
It went from coexistence cooperation > first law was more horizontal among states, now more
vertical and rules internationally.
Subjects of international law:
2
23 april 2021
, SELF-DETERMINATION AND STATEHOOD (SUBJECTS)
> PIL: STATES, INDIVIDUALS, INTERNATIONAL ORGANISATIO NS &
JURISDIC TIO N
Self-determination = all people have a right to freely determine their political status and pursue
their economic, social and cultural development (art. 1 UN Charter).
Internal self-determination > people want autonomy within the state, pursuing their political,
economic, social and cultural development within the state (bv. Provinces in Holland).
External self-determination > creating an own independent state, this is the most extreme
case where an area secedes.
Criteria:
I. There has to be a colonized state
II. That state has to find themselves to alien (dominated by another government)
subjugation, domination or exploitation.
III. Third option: remedial secession: in case of extreme oppression and total denial of
internal self-determination
Right to self-determination > a right to external self-determination doesn’t necessary lead to
secession, they can also remain within the existing state.
Kosovo case > the ICJ had the opportunity to state its position whether Kosovo could secede in
accordance with international law, but refrained from doing so.
International law does not contain a prohibition (!) of declarations of independence
It is beyond the scope of the question from the General Assembly to discuss this right
Id did not violate international law
The rules are so complicated > maintaining stability!
SO: you can decide to declare yourself independent, but you don’t always have to right to self-
determination > then you have to meet the criteria.
State succession = the replacement of one state by another in the responsibility for the
international relations of territory.
Rights and duties of (new) states:
The clean slate approach > the new state is not bound by the former treaties and agreements
Exceptions:
I. Uti possidetis juris = geographical boundaries remain in force
II. Obligations under human rights & humanitarian law > does not impact obligation arising
from human rights
International law is different from national law > no centralized legislative and executive bodies, no
mandatory settlement procedures and no decentralized system.
17/18th century > first modern international law
It went from coexistence cooperation > first law was more horizontal among states, now more
vertical and rules internationally.
Subjects of international law:
2
