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    The right to ongoing self-determination: creating a standard for mitigating the adverse effects of how international law distributes and authorises the exercise of sovereignty

    Van Houcke, John Dylan (2021) The right to ongoing self-determination: creating a standard for mitigating the adverse effects of how international law distributes and authorises the exercise of sovereignty. MPhil thesis, Birkbeck, University of London.

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    Abstract

    In this thesis, I will provide an interpretation of the right to ongoing self-determination as a standard that can be used to mitigate the adverse effects of how international law both distributes sovereignty and authorises the exercise of sovereignty by states. From an examination of both the civil and political dimension and the economic, social and cultural dimension of the ongoing self-determination right of peoples to freely pursue their economic, social and cultural development, I will establish that all peoples have the right to 1) pursue their development by means of policies they choose in a manner that is free from external interference and manipulation or undue influence by their domestic states, and 2) through their participation in, contribution to, and enjoyment of development. I will base these findings on the argument that the ongoing self-determination right of peoples to freely pursue their development is best understood as a manifestation of the totality of civil, political, economic, social and cultural rights. Furthermore, I will establish that that the ongoing self-determination right of peoples to freely dispose of their natural wealth and resources provides that all peoples have the right to both benefit from the exploration, development and disposition of their territory’s natural resources and exercise control of such exploration, development and disposition of their natural wealth and resources without external interference and manipulation or undue influence by their domestic states. I will examine the ongoing self-determination rights of both the ‘entire populations’ of sovereign states and non-self-governing territories and of ‘subpopulation groups’. This will include an analysis of the method by which the ongoing self-determination rights of subpopulation groups whose status as peoples has been recognised by international law is balanced with the ongoing self-determination rights of the ‘entire population’ to which they belong.

    Metadata

    Item Type: Thesis
    Copyright Holders: The copyright of this thesis rests with the author, who asserts his/her right to be known as such according to the Copyright Designs and Patents Act 1988. No dealing with the thesis contrary to the copyright or moral rights of the author is permitted.
    Depositing User: Acquisitions And Metadata
    Date Deposited: 14 Sep 2021 12:02
    Last Modified: 15 Sep 2021 05:03
    URI: https://eprints.bbk.ac.uk/id/eprint/45974

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