Analyzing the dimensions and components of the new approach to the right to self-determination in jurisprudence and international law
Subject Areas : All jurisprudential issuesLeila Ramezannezhad 1 , Maryam Moradi 2 , mohsen dianat 3
1 - PhD Student, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
2 - Assistant Professor, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
3 - Associate Professor, Department of Political Science, Payame Noor University, Tehran, Iran
Keywords: The principle of sovereignty of nations, democracy, the right to self-determination, Islamic jurisprudence,
Abstract :
With the end of decolonization, an important issue in international law was raised, which was the formulation of separatist demands of minorities in light of the right to self-determination, which was mainly accompanied by violent reactions from states, which could be said to be a threat to international peace and security and involved gross violations of human rights. The end of the Cold War revealed a new approach to the concept of the right to self-determination, which was able to provide a solution to these conflicts by establishing a compromise between this right and the principles of international law such as territorial integrity. In the new perspective, the right to self-determination has been oriented from the right to form a state to the right to organize a state by the people and minorities. With this explanation, the right to self-determination is used as a basis and support for the establishment of democracy and the development of human rights, as well as guaranteeing the rights of minorities. If we want to examine the independence of the Catalan region of Spain as a case, it should be noted that the Spanish legal system has many ethnic, religious, cultural and linguistic diversities. This country can be considered a simple state because it is governed by an open, decentralized system and in the form of a regional system with autonomy granted to 17 regions. The purpose of this article is to research the future of these conflicts in a descriptive and analytical way. At the same time, this article intends to examine the background and concept of the right to self-determination and introduce its new dimensions.
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