CEU Electronic Theses and Dissertations, 2011
Author | Tsanava, Tinatin |
---|---|
Title | DO MINORITIES HAVE THE RIGHT TO SELF-DETERMINATION? COMPARATIVE ANALYSIS OF KOSOVO AND CHECHNYA |
Summary | Kosovo’s declaration of independence brought a new phase in the development of the doctrine of self-determination resulting in ongoing traditional debate among international scholars in determination to whom this right applies. A coherent legal scope prescribes that the right to self-determination belongs to all ‘peoples’ and not to ‘minorities’. However, lack of proper definitions of these terms entails a paramount controversy in relation to this concept. The thesis aims to examine the current status of the notion of self-determination, namely comparing the situations of Kosovo and Chechnya as similar illustrations of secession claims by minority groups which, despite various common elements, found a different path of development under international law. The thesis will argue that the law of self-determination has undergone transformation in relation to the right holders of this doctrine shifting from the classical vision on a beneficiary of this right to the recognition of the fact that in certain circumstances a ‘minority’ may attain the status of the term ‘people’ and, therefore, exercise the right to self-determination. |
Supervisor | Hannum, Hurst |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2011/tsanava_tinatin.pdf |
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