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Article: Independence Referendum, State Sovereignty and International Law: International Legal Review of Independence Referendum from the Perspective of Theoretical Foundation and Global Practice

TitleIndependence Referendum, State Sovereignty and International Law: International Legal Review of Independence Referendum from the Perspective of Theoretical Foundation and Global Practice
Authors
KeywordsIndependence Referendum
State Sovereignty
Public International Law
Global Practice
Right of Peoples to Self-determination
Issue Date2014
PublisherHunan Shifan Daxue. The Journal's web site is located at http://fxy.hunnu.edu.cn/NewsClass.asp?BigClass=%D7%CA%D4%B4%BD%A8%C9%E8&SmallClass=%CA%B1%B4%FA%B7%A8%D1%A7
Citation
Presentday Law Science, 2014, v. 5, p. 90-107 How to Cite?
AbstractIndependence referendum, as an important practical means for the principle of national self-determination, contains sufficient legitimacy and theoretical origin in domestic law or international law from the perspective of three aspects including theory of state and domestic law, national sovereignty and international law, as well as the practical effects and the needs of the times. With inspection to the independence referendum practices across the globe on the dimension of international law, 87 independence referendums held in 62 countries or regions show many characteristics in four aspects including the time, legal grounds, results, diplomatic recognition of the international community and the countries or regions of the referendums. Through the international legal theoretical review of independence referendum mechanism, we can draw the following conclusions: the international law premise of independence referendum should be the consent of the original sovereignty owner or its illegal deterrent; The subject of the independence referendum under the principle of national self-determination should not be limited to “peoples”; The applicable objects of independence referendum should not include disputed territories; The international community should promote the internationalization of independence referendum from the international law into domestic law as a civil right.
Persistent Identifierhttp://hdl.handle.net/10722/209254
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorZuo, A-
dc.date.accessioned2015-04-14T05:29:55Z-
dc.date.available2015-04-14T05:29:55Z-
dc.date.issued2014-
dc.identifier.citationPresentday Law Science, 2014, v. 5, p. 90-107-
dc.identifier.issn1672-769X-
dc.identifier.urihttp://hdl.handle.net/10722/209254-
dc.description.abstractIndependence referendum, as an important practical means for the principle of national self-determination, contains sufficient legitimacy and theoretical origin in domestic law or international law from the perspective of three aspects including theory of state and domestic law, national sovereignty and international law, as well as the practical effects and the needs of the times. With inspection to the independence referendum practices across the globe on the dimension of international law, 87 independence referendums held in 62 countries or regions show many characteristics in four aspects including the time, legal grounds, results, diplomatic recognition of the international community and the countries or regions of the referendums. Through the international legal theoretical review of independence referendum mechanism, we can draw the following conclusions: the international law premise of independence referendum should be the consent of the original sovereignty owner or its illegal deterrent; The subject of the independence referendum under the principle of national self-determination should not be limited to “peoples”; The applicable objects of independence referendum should not include disputed territories; The international community should promote the internationalization of independence referendum from the international law into domestic law as a civil right.-
dc.languageeng-
dc.publisherHunan Shifan Daxue. The Journal's web site is located at http://fxy.hunnu.edu.cn/NewsClass.asp?BigClass=%D7%CA%D4%B4%BD%A8%C9%E8&SmallClass=%CA%B1%B4%FA%B7%A8%D1%A7-
dc.relation.ispartofPresentday Law Science-
dc.subjectIndependence Referendum-
dc.subjectState Sovereignty-
dc.subjectPublic International Law-
dc.subjectGlobal Practice-
dc.subjectRight of Peoples to Self-determination-
dc.titleIndependence Referendum, State Sovereignty and International Law: International Legal Review of Independence Referendum from the Perspective of Theoretical Foundation and Global Practice-
dc.typeArticle-
dc.identifier.volume5-
dc.identifier.spage90-
dc.identifier.epage107-
dc.publisher.placeChina-
dc.identifier.ssrn2411857-
dc.identifier.hkulrp2015/006-

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