Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Includes bibliographical references (leaves 226-236).

Also presented as the author's Habilitationsschrift--Universität Zurich, 2003. / Includes bibliographical references (p. 486-590).

Also presented as the author's Habilitationsschrift--Universität Zurich, 2003. / Includes bibliographical references (p. 486-590).

Recent events in East Timor and other regions have highlighted the dangers of leaving issues of self-determination unresolved for too long. Despite the tact that self-determination is one of the guiding principles of the UN Charter, many controversies over its precise meaning and application continue to preclude a coherent, comprehensive approach to the principle by Stales. This thesis analyses the main controversies over the right of all peoples to self-determination and suggests some conclusions as to the present status of this right under international law. The author also analyses potential approaches to enforcing a legitimate right to self-determination and concludes that there appears to be no effective enforcement mechanism, unless one has the support of a sovereign State in advocating one's cause. Historically, realisation of this right has more often involved a successful campaign of violence or coercion against the party denying the right, and subsequent recognition by the international community of the legitimacy of the campaign. Clearly, this situation is not conducive to international peace and security. The author argues that international criminal law may provide the only effective means of enforcing legitimate rights to self-determination at this time. This conclusion is drawn with reference to Professor M. Cherif Bassiouni's theory of five stages through which a human right evolves, from a mere aspiration, to a right whose breach attracts penal proscriptions. Bassiouni argues that, in international law, a human right becomes a suitable subject for international criminal law when effective enforcement modalities for that right have failed. The thesis concludes with a suggestion that the right to self-determination may be one of the rights protected under the 1998 Rome Statute of the International Criminal Court, within the definition of the crime against humanity of "persecution" (article 7(1)(h) & (2)(g)). / Law, Peter A. Allard School of / Graduate

This work seeks to settle the doctrine of self-determination in international law. Drawing upon a selection of historical thinkers who have concentrated upon the value of freedom, a theory of political liberty, is developed. This is situated in relation to political history from the Age of Revolutions on. The development of the formal principle of self-determination is discussed. This reveals a doctrine lacking coherence. The philosophy of political liberty is proposed as a foundation for self-determination in law. The way this new approach manifests itself in practice, and its merits, are considered in relation to the politics of Crimea, with a focus on the immediate post-Soviet period of 1991-2002. In conclusion, a programme for implementation and refinement is offered. It is also noted that one could fashion a new approach to international law as a whole on the basis of the logic that is employed here to settle the doctrine of self-determination.

No description available.

Thesis (Ph. D.)--University of California, San Diego, 2007. / Title from first page of PDF file (viewed Aug. 13, 2007). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 197-204).

This thesis examines the potential of the indigenous right to internal self-determination as a framework accommodating the demands of the Niger Delta Peoples for Self-determination within the sovereignty of Nigeria. The unsustainable exploitation of crude oil in the Niger Delta resulted in the ecological devastation of the region and adversely affected the Niger Delta People's subsistent traditional mode of using their lands. The response of the Niger Delta People was originally to seek redress by instituting legal actions in Nigerian courts. The failure of the majority of these actions, and the combined factors of the exclusion of the Niger Delta People from the process and proceeds of the oil industry and their marginalization in the political and administrative structure of Nigeria resulted in the demand by the Niger Delta People that Nigeria recognize their right to self-determination. They justified this demand for self-determination with the arguments that:  Their dispossession from their lands by the government in Nigeria was akin to the exploitation of indigenous peoples in the Americas by colonial settlers.  The unsustainable exploitation of resources in their territory placed them in the same position as colonized peoples experienced under foreign domination in the era of colonization. In a bid to protect her sovereignty, Nigeria does not recognize the rights of self-determination or 'peoplehood' or even minority status of any ethnic groups within Nigeria. This thesis argues that the indigenous right to internal self-determination is a framework that has the potential to bring lasting solution to the conflict between the Niger Delta people and the government of Nigeria for the following reasons:  Indigenous internal self-determination prescribes a category of self-determination that is consistent with the sovereignty of states because it recommends inter alia autonomy with the territories of states. Indigenous internal self-determination provides a regime for sustainable development of resources as it recommends inter alia that states recognize the right of indigenous peoples to participation, consultation and free prior informed consent in the exploitation of resources in indigenous peoples' territory.

Thesis (S.T.L.)--Catholic University of America, 2000. / Includes bibliographical references (leaves 95-98).

Thesis (M.A.)--University of Hawaii at Manoa, 1993 / Pacific Islands Studies