Self-Determination & Minority Rights

General information

Type:	OBL	Curs:	2	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Year 2	Lorne Nolan Richards	Derecho	ENG

Prerequisites

Public International Law, Constitutional Law and European Union Law not required, but strongly suggested.

Previous Knowledge

Public International Law, Constitutional Law and European Union Law not required, but strongly suggested.

Workload distribution

Workload distribution:
Activities:
- In-class activities: 30%
- Independent study: 70%

COURSE CONTRIBUTION TO PROGRAM

This course explores the evolution of the concept of self-determination from the nineteenth century to the present. The focus is on changing legal norms, including interpretation of the principle of self-determination by the League of Nations and the United Nations. The seminar adopts a case-study methodology combined with lectures.

Specifically, this course contributes to Bachelor in Law students' development in two ways:

a) Furthering their knowledge of Constitutional Law. The comparative method allows students to improve their understanding of their own system's foundations and traits;
b) Giving a greater understanding of the self-determination processes in the last century.

Course Learning Objectives

The student will be capable of:

1) Understanding the evolution of the concept self-determination;
2) Familiarising themselves with the use of comparative law techniques in the constitutional law sector;
2) Analysing from a legal-constitutional point a range of self-determination processes.

CONTENT

1. Syllabus 1. The origins of the principle of self-determination These sessions will explain the origins of the principle of self-determination underlining the importance of the historical context (WWI and 14 Points of US President Woodrow Wilson). They will address the inconsistent application of the principle when reordering the European map after WW1. Case study: Aland Islands Readings: - President Woodrow Wilson's Fourteen Points: http://avalon.law.yale.edu/20th_century/wilson14.asp 2. The right to self-determination under the UN era These sessions will explain how (UN Charter, 1514 UNGA Res., 2625 UNGA Res.) and why (decolonization period) the principle of self-determination evolved into the right to self-determination under the UN era. They will also highlight that the right to self-determination does not imply necessarily a right to secede. Case studies: Western Sahara, Hong Kong Readings: - 1960 UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (G.A. Res. 1514): http://www.un.org/en/decolonization/declaration.shtml - 1970 UN General Assembly Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (G.A. Res. 2625): http://www.un-documents.net/a25r2625.htm 3. Self-determination after the 90s: the fall of the Soviet Union These sessions will explain the process of the Soviet Union fall and the impact it had on the notion of self-determination. The particularly relevant case study will be Kosovo's unilateral independence from Serbia in 2008. We will also explore the so-called "remedial secession" theory. Case studies: Baltic States, Czechoslovakia, Yugoslavia and Kosovo. Case studies: delayed colonialism: East Timor and South Sudan Readings: - ICJ Advisory opinion, 'Accordance with International law of the Unilateral Declaration of Independence in respect of Kosovo' (22 July 2010): http://www.icj-cij.org/docket/files/141/15987.pdf (From page 27 to page 54) - Marc Weller, 'Negotiating the final status for Kosovo', Chaillot Paper 114, 31 December 2008: http://www.iss.europa.eu/publications/detail/article/negotiating-the-final-status-of-kosovo/ 4. Self-determination and national constitutionalism These sessions will address the ongoing discussion about the compatibility between constitutional law and secession. Should liberal Constitutions include a right to secede? Case study: Quebec Readings: - Supreme Court of Canada Reference re Secession of Quebec (20 August 1998): http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do - Canadian Clarity Act (29 June 2000): http://laws.justice.gc.ca/eng/acts/C-31.8/FullText.html 5. Secessionist movements in today's Europe: national constitutional law and EU law responses These sessions will review Spanish and British constitutionalism in order to respond to the following question: why was it possible from a legal point of view to organize a referendum on independence in Scotland while it has not been possible in Catalonia? We will also examine the impact on the EU of the hypothetical independences of a sub-national entity of a current EU Member State. Case studies: Catalonia, Scotland, Northern Ireland Readings: - Agreement between the United Kingdom Government and the Scottish Government on a referendum on independence for Scotland: http://www.scotland.gov.uk/About/Government/concordats/Referendum-on-independence - Boyle, Alan and Crawford, James, Annex A Opinion: Referendum on the Independence of Scotland - International Law Aspects, 2013: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/794 (only Part V) - Christopher Connolly, 'Independence in Europe: Secession, Sovereignty, and the European Union' 2013: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1396&context=djcil

1. Syllabus

1. The origins of the principle of self-determination

These sessions will explain the origins of the principle of self-determination underlining the importance of the historical context (WWI and 14 Points of US President Woodrow Wilson). They will address the inconsistent application of the principle when reordering the European map after WW1.

Case study: Aland Islands

Readings:

- President Woodrow Wilson's Fourteen Points:

http://avalon.law.yale.edu/20th_century/wilson14.asp

2. The right to self-determination under the UN era

These sessions will explain how (UN Charter, 1514 UNGA Res., 2625 UNGA Res.) and why (decolonization period) the principle of self-determination evolved into the right to self-determination under the UN era. They will also highlight that the right to self-determination does not imply necessarily a right to secede.

Case studies: Western Sahara, Hong Kong

Readings:

- 1960 UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (G.A. Res. 1514):

http://www.un.org/en/decolonization/declaration.shtml

- 1970 UN General Assembly Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (G.A. Res. 2625):

http://www.un-documents.net/a25r2625.htm

3. Self-determination after the 90s: the fall of the Soviet Union

These sessions will explain the process of the Soviet Union fall and the impact it had on the notion of self-determination. The particularly relevant case study will be Kosovo's unilateral independence from Serbia in 2008. We will also explore the so-called "remedial secession" theory.

Case studies: Baltic States, Czechoslovakia, Yugoslavia and Kosovo.

Case studies: delayed colonialism: East Timor and South Sudan

Readings:

- ICJ Advisory opinion, 'Accordance with International law of the Unilateral Declaration of Independence in respect of Kosovo' (22 July 2010):

http://www.icj-cij.org/docket/files/141/15987.pdf (From page 27 to page 54)

- Marc Weller, 'Negotiating the final status for Kosovo', Chaillot Paper 114, 31 December 2008:

http://www.iss.europa.eu/publications/detail/article/negotiating-the-final-status-of-kosovo/

4. Self-determination and national constitutionalism

These sessions will address the ongoing discussion about the compatibility between constitutional law and secession. Should liberal Constitutions include a right to secede?

Case study: Quebec

Readings:

- Supreme Court of Canada Reference re Secession of Quebec (20 August 1998):

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do

- Canadian Clarity Act (29 June 2000):

http://laws.justice.gc.ca/eng/acts/C-31.8/FullText.html

5. Secessionist movements in today's Europe: national constitutional law and EU law responses

These sessions will review Spanish and British constitutionalism in order to respond to the following question: why was it possible from a legal point of view to organize a referendum on independence in Scotland while it has not been possible in Catalonia? We will also examine the impact on the EU of the hypothetical independences of a sub-national entity of a current EU Member State.

Case studies: Catalonia, Scotland, Northern Ireland

Readings:

- Agreement between the United Kingdom Government and the Scottish Government on a referendum on independence for Scotland:

http://www.scotland.gov.uk/About/Government/concordats/Referendum-on-independence

- Boyle, Alan and Crawford, James, Annex A Opinion: Referendum on the Independence of Scotland - International Law Aspects, 2013:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/794 (only Part V)

- Christopher Connolly, 'Independence in Europe: Secession, Sovereignty, and the European Union' 2013:

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1396&context=djcil

Methodology

Lectures, followed by class discussions and case studies.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
Continual assessment	30
Final exam	70

Assessment criteria

Course assessment is based on:
- Individual class participation (20%). I will be taking into account the quality (not the quantity) of the contributions made in class by the student: relevance to the discussion, link with the readings assigned and with ongoing debates in the media.
- Final exam (80%)

According to the Law Faculty regulation students must attend at least 80% of the session to have the right to take the exam, in order to be able to take the retake exam attendance must be at least 50%.

This guide is subject to the modifications necessary to adapt it to the Covid reality that may require possible restrictions in the performance of teaching imposed by the competent authorities

Bibliography

Recommended (not required)

- Christian Walter, Antje von Ungern-Sternberg and Kavus Abushov (ed), Self-determination and Secession in International Law (Oxford University Press 2014)

- Marcelo G Cohen, Secession. International Law Perspectives (Cambridge University Press 2006)

- Antonio Cassesse, Self-determination of peoples (Cambridge University Press 1999)

- Hurst Hannum, Autonomy, Sovereignty, and Self-determination. The accomodation of conflicting rights (University of Pennsylvania Press 1996)

- Allen Buchanan, Secession: the Morality of Political Divorce from Fort Sumter to Lithuania and Quebec (Westview Press 1991)

Timetable and sections

Group	Teacher	Department
Year 2	Lorne Nolan Richards	Derecho

Timetable Year 2

From 2022/9/9 to 2022/10/28:
Each Monday from 17:15 to 19:30. (Except: 2022/9/26, 2022/10/3, 2022/10/10, 2022/10/17 and 2022/10/24)
Each Friday from 17:45 to 19:00.

From 2022/10/3 to 2022/10/17:
Each Monday from 17:00 to 19:15. (Except: 2022/10/17)
Each Monday from 15:00 to 17:15. (Except: 2022/10/3 and 2022/10/10)

From 2022/10/24 to 2022/11/25:
Each Friday from 17:45 to 19:00. (Except: 2022/10/28 and 2022/11/4)
Each Monday from 17:00 to 19:15.

Friday2022/12/16:
From 14:15 to 17:30.
From 17:30 to 18:15.

Wednesday 2023/2/8 from 14:15 to 17:30.

Self-Determination & Minority Rights (2225.YR.008483.1)