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Sunday 6 October 2024

List of international law cases on self -determination

*LIST OF INTERNATIONAL LAW CASES ON SELF-DETERMINATION*

For those determined to understand the meaning of UNGAR 1514


Self-determination has been a significant principle in international law, and various cases and legal opinions have addressed it. Here’s a list of notable international law cases and opinions related to self-determination:

1. **The Western Sahara Case (Advisory Opinion, 1975)**:
   - Issued by the International Court of Justice (ICJ), this opinion addressed the legal status of Western Sahara and affirmed the right of the people of Western Sahara to self-determination.

2. **The Namibia Case (Advisory Opinion, 1971)**:
   - The ICJ recognized the right of the people of Namibia to self-determination and asserted that South Africa’s presence in Namibia was illegal.

3. **The Kosovo Advisory Opinion (2010)**:
   - The ICJ provided an advisory opinion on Kosovo’s declaration of independence, stating that it did not violate international law, though it did not directly address the right to self-determination.

4. **East Timor Case (Portugal v. Australia, 1995)**:
   - The ICJ dealt with the question of East Timor's right to self-determination, emphasizing that all peoples have the right to self-determination.

5. **The Chagos Archipelago Case (Mauritius v. United Kingdom, 2019)**:
   - The International Tribunal for the Law of the Sea (ITLOS) issued a ruling affirming the rights of the Chagossians, related to their self-determination concerning the British Indian Ocean Territory.

6. **The case of the Aaland Islands (1920)**:
   - This case was decided by the League of Nations, which ruled that the Aaland Islands should remain part of Finland but recognized the population's desire for autonomy, thereby affirming aspects of self-determination.

7. **The Quebec Secession Reference (1998)**:
   - The Supreme Court of Canada ruled that while Quebec has a right to self-determination, this right is conditioned by the principles of federalism and democracy within the context of Canada.

8. **The Case of the Former Yugoslavia (Various Cases in the International Criminal Tribunal for the former Yugoslavia, 1990s)**:
   - Various rulings addressed issues of self-determination amidst the conflicts arising from the breakup of Yugoslavia.

9. **The Case of the Somali Region (2014)**:
   - A regional referendum in the Somali region of Ethiopia led to discussions about the right to self-determination for various ethnic groups.

10. **The Scottish Independence Referendum (2014)**:
   - While not a case in the traditional sense, the legal debates surrounding Scotland's referendum on independence raised significant questions about self-determination within the UK’s constitutional framework.

These cases illustrate the complexities surrounding self-determination, its legal interpretations, and its applications in various contexts.

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