OUVRAGE : K. Senaratne, Internal Self-Determination in International Law History, Theory, and Practice

Kalana SENARATNE

Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.

TABLE OF CONTENTS

Acknowledgements
Table of Cases
List of Abbreviations

1. Introduction

1.1 Why Internal Self-determination?
1.2 Questions and Themes
1.3 Approach
1.4 Outline of Chapters

2. A History of Internal Self-determination

2.1 A History of Resemblances
2.2 Lenin, Wilson, and Democratic Self-determination
2.3 Decolonization and the Construction of Internal Self-determination
2.4 Internal Self-determination during the Cold War
2.5 Internal Self-determination after the Cold War
2.6 Conclusion

3. Internal Self-determination and the Populations of States

3.1 A Population as a ‘People’
3.2 The Content of Internal Self-determination
3.3 Right and Principle
3.4 Continuous Application
3.5 The State
3.6 Conclusion

4. Internal Self-determination and Minority Groups

4.1 Historical Context: Minorities, Rights, and Self-determination
4.2 Internal Self-determination for Minority Groups
4.3 Internal Self-determination for Indigenous Peoples
4.4 Conclusion

5. Western and Third World Approaches to Internal Self-determination

5.1 The West and the Third World: A Traditional Distinction
5.2 Internal Self-determination and the West
5.3 Internal Self-determination and the Third World
5.4 Conclusion

6. Sri Lanka: A Case Study

6.1 Introduction
6.2 Some Historical Considerations
6.3 Federalism and the Struggle for (Internal) Self-determination
6.4 Separatism and the Struggle for (External) Self-determination
6.5 The Search for Internal Self-determination in Post-war Sri Lanka
6.6 Conclusion

7. Hong Kong: A Case Study

7.1 Introduction
7.2 Internal Self-determination of Hong Kong: Two Images
7.3 Democratic Struggle in Hong Kong
7.4 Conclusion

8. Internal Self-determination in the Courts of Law

8.1 Jurisprudence of the International Court of Justice
8.2 Selected Jurisprudence of Domestic Courts
8.3 Conclusion

9. Conclusion

9.1 The Duality of Internal Self-determination
9.2 Challenges
9.3 Conclusion

Bibliography
Index

Kalana SENARATNE, Internal Self-Determination in International Law History, Theory, and Practice, Cambridge, Cambridge University Press, 2021 (300 pp.)