| Vorderseite | Lotus principledef. |
| Rückseite | States are free to do what they want unless there is a prohibition |
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| Vorderseite | Self determination |
| Rückseite | General: - Idea (first in Declaration of Independence of the USA): Governments derive their just powers from the consent of the governed. Whenever a government becomes destructive of these ends, it is the Right of the people to abolish it. - majority: principle of self-determination is part of modern international law - reason: included in UN-charta and specified and developed in other texts such as the friendly relations declarationArticles and Implications/Attributes of those: - Key Aspect of the UN Charter: Art. 1 (2) UN Charter -> Art. 1 (2) UN Charter is too vague and complex to entail specific rights and implications - content of the principle is never specified - it is not specified what constitutes “people” -> therefore doesn’t act like a normal legal norm, but provides moral and political guidance - International Covenant on Economic, Social and Cultural Rights (1966) (‘ICESCR’) and the International Covenant on Civil and Political Rights (1966) (‘ICCPR’) developed the concept of self-determination further -> the ICESCR and the ICCPR provide essential evidence of the meaning and content of the principle of self-determination, even for states that are not parties to them -> gave the concept of self determination the characteristic of an essential prerequisite of human rights - Friendly Relations Declaration / A/RES/2625 Fifth Principle-> peoples are free to determine their political status and to pursue their economic,social and cultural development-> highlighted part: dissmembering a state of political unity or territorial integrity is usually forbidden: except if it does not represent all people Three questions:- Who is the holder of the right of self-determination? -> Who is the people? -> there is no definition of “people” so far- How do the people exercise their right? (often through referenda)- Who is the duty-bearer of the right to self-determination (one idea: erga omnes -> everybody) |
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| Rückseite | General:- Kosovo was part of Serbia wich was part of Yugoslavia- population in Kosovo ethnically different -> mostly Albanians and not Serbs- UN feared another holcaust: believed that actions needed to be taken- Resolution provided the most extensive mission UN had ever undertakenAttributes:- authorized the deployment of military and civilian ‘presences’ in Kosovo- did not authorize use of force- broadly enumerates their functions- ultimate goal: to build capacities aimed at self-governance, while respecting the principles of sovereignty and territorial integrity of Yugoslavia- no solution regarding Kosovos political status- rather unspecific- focus on managing the immediate humanitarian crisis- did not mention the NATO interventions, that had already happenedEffect:- prevented a worsening of the humanitarian crisis- set the UN up as a defacto government in Kosovo- stabilized province- established functional institution of local governance |
| Vorderseite | Resolution 1244 |
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