Reconciling the Right to Self-Determination and the Prohibition on the use of Force in A Decolonised World

Table of Contents
CERTIFICATE;
DECLARATION;
ACKNOWLEDGEMENTS;
LIST OF ABBREVIATIONS;
INDEX OF AUTHORITIES;
A. TREATIES AND CONVENTIONS;
B. UN DOCUMENTS;
C. REGIONAL INSTRUMENTS AND OTHER DOCUMENTS;
D. REFERRED CASES;
E. MISCELLANEOUS;
CHAPTER I: INTRODUCTION;
1.1 Background;
1.2 Review of Literature;
1.2.1 Secession and Territorial Integrity;
1.2.2 Use of Force and the Right to Self-determination;
1.2.3 Post-Kosovo;
1.3 Aims and Objectives;
1.4 Statement of Problem;
1.5 Hypotheses;
1.6 Research Question;
1.7 Research Methodology;
1.8 Scope and Limitations;
1.9 Chapterisation;
CHAPTER II: THE RIGHT TO SELF-DETERMINATION AS A PRINCIPLE OF
INTERNATIONAL LAW: ITS EVOLUTION;
2.1 Philosophical Foundation;
2.1.1 Parochialism;
2.1.2 Democratic Theory: French and American Revolution;
2.1.3 Nationalism;
2.2 Political Foundations;
2.2.1 Woodrow Wilson;
2.2.2 Socialist Theory of Self-Determination;
2.3 National Self-Determination and the Aftermath of the First World War;
2.3.1 League of Nations;
2.3.2 Aaland Islands;
2.4 Charter of the United Nations;
2.4.1 Interpreting Art.1(2);
2.5 Decolonisation and the Right to Self-Determination;
2.5.1 The Evolution of General Standards;
2.5.2 Practice of the United Nations;
2.6 The International Bill of Rights;
2.6.1 United Nations Human Rights Committee;
2.7 International Court of Justice;
2.8 Self-Determination in the Post-Colonial World;
2.8.1 Post-colonial Development;
2.9 Content;
2.9.1 Determination;
2.9.2 Freedom from External Interference;
2.10 Status;
2.10.1 Self-determination as an erga omnes obligation;
2.10.2 Self-determination as jus cogens;
2.11 Classification of Self-determination;
2.11.1 Internal Self-Determination;
2.11.2 External Self-Determination;
CHAPTER III: RIGHT TO SELF-DETERMINATION AND TERRITORIAL INTEGRITY;
3.1 Evolution of the Right to Self-Determination Beyond Decolonisation;
3.1.1 1970 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations;
3.1.2 1993 Vienna Declaration and Programme of Action;
3.1.3 Helsinki Declaration/Final Act, 1975;
3.1.4 African Charter on Human and Peoples’ Rights, 1981;
3.2 The International Court of Justice and the Right to Self-determination;
3.2.1 Wall Advisory Opinion;
3.3 Territorial Integrity;
3.3.1 Why International Law Favours Territorial Integrity;
3.3.2 Territorial Integrity – Between States or Applicable Internally;
3.3.3 Self-determination and Territorial Integrity;
3.4 Secession – The Concept;
3.4.1 Definition of Secession;
3.4.2 The Process of Secession and its Outcome;
3.4.3 Why Do People Secede?;
3.4.4 Why Do States Resist Secession?;
3.5 Theories of Secession;
3.5.1 Explanatory Theories;
3.5.2 Normative Theories;
3.5.3 Assessing the Theories;
3.6 Conscientious Secession;
3.7 Secession under International Law;
3.7.1 Secession in Practice;
3.8 Secession Under International Law: Today;
3.8.1 Case Study: Kosovo;
3.8.2 Applicability of the Lotus Principle;
3.8.3 Recognition;
3.8.4 Sui Generis;
3.9 Secession and Right to Self-Determination;
3.9.1 Right to Secede Beyond Decolonisation;
3.9.2 Remedial Secession – The Criteria;
3.9.3 Against Remedial Secession;
CHAPTER IV: RIGHT HOLDERS AND THEIR RIGHT TO USE OF FORCE;
4.1 People;
4.1.1 Evolution of the term ‘People’;
4.1.2 People, Minorities and Indigenous People;
4.1.3 Subject of Remedial Secession: Criterion/Markers;
4.1.4 Categories of People;
4.1.5 Understanding peoples in the post-decolonisation era;
4.2 Self-determination and Use of Force;
4.2.1 Readiness of the Secessionist Authorities to Use Force;
4.2.2 Legality of Use of Force;
4.2.3 Who can Use Force?;
4.2.4 Prohibition on Use of Force and People;
4.2.5 1970 Declaration;
4.2.6 Resolution 3314;
4.2.7 National Liberation Movements;
4.2.8 Self-Defence;
4.3 Terrorism and Self-determination;
4.4 By States;
CHAPTER V: AID BY THIRD STATES;
5.1 International Law and Intervention in Self-determination Conflicts;
5.2 Intervention by the United Nations;
5.2.1 The Anti-Secessionist Attitude of the Political UN Organs;
5.3 Intervention Without the Authorisation of the United Nations;
5.3.1 Intervention on Invitation;
5.4 Intervention Against the Government;
5.4.1 Law and Armed Assistance to People;
5.4.2 Indirect Third State Assistance Short of Direct Intervention;
5.4.3 Direct Third State Intervention;
5.5 Third State Intervention: Case Studies;
5.5.1 Case Study: Goan Intervention;
5.5.2 Case Study: Biafra;
5.5.3 Case Study: Chechnya;
5.5.4 Why it Failed;
5.6 Humanitarian Intervention;
5.6.1 State Practice;
5.6.2 Precedent of Kosovo, Humanitarian Intervention and Secession;
5.7 Responsibility to Protect;
5.8 Pro-democratic Intervention;
CHAPTER VI: DARK SIDE OF THE RIGHT TO EXTERNAL SELF-DETERMINATION;
6.1 Sovereign Equality;
6.2 Case Study: Crimea;
6.2.1 Justifications;
6.2.2 Impact of Crimea;
6.3 The Bias Against Non-Colonial Self-determination;
6.3.1 Instability;
6.3.2 Heterogeneity;
6.3.3 Identifying the Right-Holder;
6.3.4 Minorities within Minorities;
6.3.5 Victims and Perpetrators: Telling them apart;
6.3.6 Encourages Armed Conflicts;
6.3.7 Reduces Incentive for Negotiations;
6.3.8 Third State Intervention;
6.3.9 Tribalism;
6.3.10 Possibility of Arbitrariness;
CHAPTER VII: CONCLUSION;
7.1 Summary;
7.2 Key Findings;
7.3 Recommendations;
7.4 Future Research;
7.5 Conclusion;
BIBLIOGRAPHY;
Books;
Articles;
Working Papers and Reports;
Miscellaneous.