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An Analysis Of The Right To National Self-determination In The Crimean Referendum

Posted on:2018-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y X TongFull Text:PDF
GTID:2356330515980546Subject:Law
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The right to self-determination is one of the basic principles recognized in international law.The specific provisions on the way to realize the right of nat ional self-determination are not clear in international law at present.After the Second World War,the non-violent realization of national self-determination as a way to referendum system makes many colonial countries gained independen ce,but also challenges the existing sovereign state integrity and unity.In 2014,Ukraine’s sovereignty within the Crimea region held a referendum within the region,then from Ukraine,to the Russian jurisdiction.The event has aroused d iscussion from all walks of life in the world,at the level of international law,to a large extent the legitimacy of its judgments and the theory of national sel f-determination.The referendum system,which played a role in the referendum in the Crimea,as an important way to realize the right of self-determination,is of great significance for resolving regional conflicts,national conflicts and e ven international disputes.The legal basis of the absence of the international c ommunity on this system is also more controversial.Whether the referendum o n the basis of national self-determination is legal or not depends on whether th e people holding the referendum system can become independent subjects of in ternational law and national recognition.It is also related to how multinational countries should deal with similar problems.Therefore,we need to reach a cl earer consensus on the meaning of national self-determination and the impleme ntation of the referendum system.Based on the analysis of the cause and back ground of the referendum in Crimea,this article will discuss the legitimacy of the incident and make a theoretical analysis of the national self-determination in order to clarify the right of national self-determination and The contradiction and relation between national sovereignty and the principle of national self-det ermination should be how to achieve better effect,and finally hope to be able to the theory of national self-determination in contemporary times,how to de velop,to better meet the needs of the times published Some comments.In the course of this writing,the author of the international law on the national selfdetermination of the treaty search and research,such as the United Nations Ch arter,the Declaration of Independence to the Colonial Countries and Peoples,t he United Nations Declaration on the Rights of Indigenous Peoples and other international law documents The author of the article,which is the first advocat e of Lenin’s concept of national self-determination,began to make a preliminar y study of the monographs on the theory of national self-determination,which is about the opposition of sovereignty and human rights.The theory of unified relationship is applied to the relationship between state sovereignty and nation al self-determination in this paper.In the post-colonial era,the application of n ational self-determination threatens the national sovereignty and territorial integri ty.The rise of the national separatist movement.Self-determination and the conc ept of internal self-determination.this paper argues that the right of national self-determination should develop more towards internal self-determination.
Keywords/Search Tags:The Crimea referendum, The principle of National Self-determination, National sovereignty, International law
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