The European Journal of International Law Vol. 20 no. 1 © EJIL 2009; all rights reserved
Settling Self-determination Conflicts: Recent Developments
* Reader in International Law and International Relations at the University of Cambridge, Fellow of the Lauterpacht Research Centre for International Law and Fellow of Hughes Hall. The author is also the Director of the Cambridge-Carnegie Project on the Settlement of Self-determination Conflicts, of the Centre for International Constitutional Studies and of the European Centre for Minority Issues. His latest publications include Settling Self-determination Conflicts (2007) with Barbara Metzger, and Universal Minority Rights (2007). The author has acted as an advisor or delegate in several of the settlement processes noted below. The views expressed are strictly his own and are not attributable to any government or organization. The author gratefully acknowledges the research assistance of Ms Janina Dill, Mr Vladislav Michalcik, Ms Melina Nardi, Mr William McKinney, Ms Katherine Nobbs and Mr Stephen Fox
Email: mw148{at}hermes.cam.ac.uk
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Abstract |
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Self-determination conflicts outside the colonial context have previously appeared virtually impossible to settle. Long-running and very destructive internal armed conflicts have been the result. Since the termination of the Cold War, however, there has been a veritable wave of self-determination settlements. While some of these trade the claim to secession for internal autonomy in order to safeguard the territorial unity of the state, a number of innovative solutions have been adopted, going beyond this traditional approach. This article reviews over 40 settlements and draft settlements in order to identify an emerging post-modern pattern of practice of settling self-determination disputes. The article also assesses the impact of this practice on the classical, restrictive understanding of the doctrine of self-determination.