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Essay: Understanding Self-Determination and Its Significance in International Law

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  • Published: 1 April 2019*
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Self- determination as been defined by many scholars. Marjia Batistich would define it has the “right claimed by a ‘people’ to control their destiny” (Batistich, 2001). Edward Laing defines the concept of self-determination as “merely a reaffirmation of the sovereign equality of nations” (Laing, 1992).  In my opinion, self- determination in international law is the right to gain statehood within a given territory, and the right to be recognized by the global system as well as the group’s previous governing nation. Self-determination can occur for either non-state (indigenous people or natives) or state groups (a region within a nation, ex: Catalonia) . There is a criteria for the group to be accepted by both national and international systems. For the international world to recognize their independence, “the claims of a legal right to self-determination by a non-state groups require them to appear as a “state”, before they can be put forward internationally” (Batistich, 2001).  They would need to be able to have political system, leaders, territory, and support/defend themselves. The criteria is the same for the national system, but often the national system does not recognize them, since they lose resources and economical stability.  It was mentioned  by many scholar that self-determination was either a “legal right or principle threatened to bring about significant changes in the political geography of the world, not limited to dismemberment of Empires” (Crawford, 2006).  It was not concept that the superpowers favored, seeing as they were losing resources that supported their economy and states. On the other hand, the idea did allowed the people to gain a part of their country back. This concept has had a major effect on post-Second World War politics and economics. After the World War II, the United Nations chartered the concepts of the rights of self-determination and started the wave of decolonization. However, the economy after World War II became unstable for some countries and those that were decolonized and gained independence often became a failed state. This was extremely popular with the African states.

In today’s world, self-determination is still being used, but not as affective. One example of the concept and its effects for non-state groups being used would be indigenous people in Latin American countries. The indigenous people of the Latin American countries are using their rights of self-determination to fight for their land and their way of life that is being threaten by the technology and ambition of today’s world. For the international world to accept them, “the claims of a legal right to self-determination by a non-state groups require them to appear as a “state”, before they can be put forward internationally” (Batistich, 2001).  They would need to be able to have political system, leaders, territory, and support/defend themselves. Some would argue that indigenous people meet all of that criteria, however, this also goes back to decolonization after World War II. Just as the superpowers did not want to lose the resources that their colonies provided, neither do the countries that the indigenous people live under. For Brazil, the country would lose access to the land of which oil in on. This can cause countries’ economies to become unstable and start a downward trend within the global economy. An example for state groups would be Catalonia. Catalonia has made a bid for independence using the rights of self-determination. “Catalonia is one of Spain’s wealthiest regions, making up 16% of the national population and accounting for almost 19% of Spanish GDP” (“ Catalonia’s bid for independence from Spain explained”, 2018). With Catalonia fighting for its independence, it has caused many issues for Spain politically and economically. Politically, the issue has called into Spain’s democracy state due to Spain’s response to the crisis. Economically, the issue has made several of companies leave the region and move their business to other regions because of the violence that has been happening to the people and political leaders. Again, the shows a trend when groups make a bid for independence underneath the rights of self-determination. Catalonia does me the criteria to become its own region. Looking at these two examples, the concept of self-determination can be a good thing to have chartered; Allen Buchanan would argue that self-determination “allows groups to get what they need” and “ should make states more receptive to legitimate claims for autonomy” (Buchanan, 2007). As Gregory Fox mentioned, self-determination can either be a good thing or bad thing. In his issue, the theory that self-determination and democracy – while unrelated for most cases – could in some theories encourage democratization (Fox, 1995). This theory was presented during decolonization times.  The concept of self-determination and Post-World War II politics and economics has correlation. The politics has changed as groups and states gain independence. The politics has started to favor human rights and the need for security has become stronger as times go on.

International Law and the Rise of States

As more states rise, the need for international law increases. The more global players, the more competition for resources and conflicts occur; therefore, the need for guidelines and policies have become more important than before. International law is defined as the formal rules of conduct that states acknowledge or contract between themselves ( Lamy, Masker, Smith & Owen, 2017). International law is accompanied by international institutions that set the tone and can help states with conflicts that may occur. As more state rise in either status and power or gain statehood, it can cause the economy to suffer, being in political issues in to question such as security and human rights. Globalization allows those concerns to be address with the help of international law and institutions. On the other hand, some political scientists have produced the idea that the globalization has had a negative affect on states. M. Castells has the theory that globalization has induced stress on the central roles of governments and undermines them (Castells, 2004) .  Ronnie Lipschutz would agree that “ there is a emerging recogniztion that the focuse on the ‘structure’ and ‘process’ as the central concerns of the discipline is too limiting” and does not allow room for growth (Lipschutz, 1992). Globalization gives the people of other countries to stay up to date on real world issues and movements. I can see how this can cause issues with nondemocratic states, which I believe is where international law comes in. In some cases, there have been new governments committed crimes – that the leaders think to be justifiable – that were challenged by the global system. International law and states are also connected by the statehood’s effectiveness (Crawford, 2006). International institutions evaluate the effectiveness of with statehood by creating a criteria. “Necessary to distinguish two possible positions: that there cannot a priori be aby criteria for statehood independent of effectiveness, and that no such criteria yet exist as a matter of international law (Crawford 2006). International institutions “can impact both their effectiveness in addressing global problems and, more importantly, their support from the nation states” (Coglianese, 2000).  Another part of the globalization and its relations to international institutions and states is increase in development – development with human rights, decrease in poverty, and other social issues. “Development is moving to the center stage of the global political agenda” (Thomas, 2001). Political leaders and political institutions are addressing the lack of human rights in the world along with other social issues that are affecting the global system, such as poverty.

For examples of international law and states in today’s world, the United States recent decision about launching an air strike against Syria has been called a violation of international law by Russia. The incident violated the UN Charter on the issue and many states have come to support Russia’s claim that this violates international law and would action filed against the United States (Ku, 2017). This example shows the interaction between the rise of power between to states and the need for international law. The conflict allows holds the concept of globalization. Globalization lets states communicate with not only one another, but the whole world (Tickner, 2001). If we were to dumb down the term globalization, it could be simply known as the exchange of information and ideas. The fact that the Russia has filed a claim about the United States violating international law is an example of globalization. The three concepts are intertwined.  Other examples showing how globalization and international law and states connections and interactions present every day. Trade deals, poverty projects, the global women’s movement that has occurred, all of these are examples of how those concepts interact and connect to one another. For instance the women’s movement – referring to the ‘Me Too movement   – it started in the United States and has moved to across the global. “The recognition of women’s rights as human rights demonstrates that the international community has responded to a certain extent” (Tickner, 2001).

In conclusion the connection between the rise of states and international law is to allow the states to be more stable and effective without overstepping bounds. Globalization has effected this dynamic by allowing it to be easier for people of the states, as well as the state itself, to be more connected and access to resources.

Region Reports

The region that I was responsible for was Africa. In Africa, the region has seen a significant move as far as women’s right and empowerment and gained global attention with the economic decisions the region has been making. As far examples of women’s rights and empowerment – which I had never seen nor heard of in this regions until recently – Rwanda and Ethiopia are the leading states in the region. They have even gone as far as electing female presidents and representatives. This relates to global politics as women are not really seen or heard by many global players. The region has also gain attention by the global eyes when China became involved in their economy by giving money to the region and calling it a “sign of good faith” to make up for their past crimes. This can affect the global world, because if every state paid off other states for everything they did, well the economy would fail.  In global politics, Africa is slowly trying to become more stable and a player in the global world. The region is trying to boost its economy by attracting major companies to come and invest in their systems. Cameroon tried to obtain Kentucky Fried Chicken to invest in their political economy. This can also by a way to trick other companies to invest in their economy. International economy however, is still weak. This can be concerning for global political are IGOs or international institutions may have to step in and help, or the previous colonizers may try to take back over, but highly unlikey. In relation to security, there have been some reports to the civil wars happening due to elections and changes of power; however, I believe they have died down. The regions has  formed their own version of the UN and got all of the countries to sign on . This a key event because if you have an united Africa, maybe the region will become more stable. Human rights in the region have become stronger. As mention before, women’s rights have gotten stronger and he global world is helping with human rights. There are several projects addressing poverty and hunger. They have always been an issue in this region. NGOs and other organizations have gotten involved to help address this issue. The lack of human rights and stability can be due to colonization and the unstable economy issue that the region has in general. As far as the meaning to the lack of human rights and increasing in the global world, I would say it has an affect, but considering the issues have been there so long and they are addressing it, it may not have such significance. When it comes to environmental issues in the area, there are many views that can be taken. Most would say that there are many environmental issues going on in Africa are dangerous, but again they are moving forward trying to correct their system. This does matter to global politics because it matters as far as human rights go. From health outbreaks to pouching/animal rights, the region can definitely improve. The region does depend heavily on other countries to help with medical supplies and global projects when it comes to improving their overall environmental issues.  I see my region moving in an upward trend. In the future, I would hope that the region would correct its human rights issue and become more stable. The region can try different electoral systems for the countries that are struggling between the political leaders and civilians. A system that would help accommodate both sides should be introduced. I enjoyed covering this region and learning more about it.

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