PRAVO NA SAMOOPREDJELJENJE U MEĐUNARODNOM PRAVU
RIGHT TO SELF-DETERMINATION IN INTERNATIONAL LAW
Author(s): Harun HalilovićSubject(s): Law, Constitution, Jurisprudence, International Law
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: Right to self-determination; external; internal; remedial self-determination; secession; Bosnia and Herzegovina;
Summary/Abstract: Since its inception, right to self-determination is subject to various interpretations and unduly reduction to the issue of secession. History of the right to self-determination has an interesting trajectory. Especially the question of the consensus, or lack of it, on important aspects of the right to self-determination as a norm of international law, including the question of holders of the right and the question of the extent of the right. Of great importance, also, is the overview of different modalities such as „internal“; „external“ and „remedial“ self-determination, as well as the question of their acceptance in international law. The main goal of this paper is an overview of the position of the right to self-determination in international law in the context of the sources of international law. Right to self-determination and principles of territorial integrity and non-intervention are often cited as being opposed to each other, however, we can conclude that a modality of use of the right, which is in accordance with other principles of international law certainly exists. Also important, examination of the right to self-determination in the context of constitutional order of Bosnia and Herzegovina and political implications under which the right to self-determination is often invoked.
Journal: Zbornik radova Pravnog fakulteta u Tuzli
- Issue Year: 7/2021
- Issue No: 2
- Page Range: 167-200
- Page Count: 34
- Language: Bosnian