Application of the Law of Self-Determination in a Postcolonial Context: A Guideline

• Author: M. Ya'kub Aiyub Kadir
• Pages: 7-8

Postcolonial Self-Determination 7

IX JEAIL 1 (2016)

M. Ya’kub Aiyub Kadir

∗

The development of the law of self-determination has been stagnant in terms of

scope and content in its application in the postcolonial context. It requires a new

     

organizations to address current phenomenon regarding normative, institutional

and community awareness. This research has revealed that the essential meaning

of self-determination is a remedial means for an oppressed person both in colonial

and postcolonial context. While the colonial context has ended, postcolonial

self-determination remains focussed on both repairing the historical wrongs

of the colonial context, responding to the breakdown of a state, and recovering

from persistent violations against anyone in the State. Accordingly, this paper

will contribute to the development of guidelines for these applications: which

primarily refer to some degree of internal self-determination (autonomy); and

when this proves unsuccessful, external self-determination (independent) can be

proposed as the last resort.

Keywords

Law of Self-Determination, Internal Self-Determination, External Self-

Determination, Postcolonial Context, United Nations ICCPR

∗ Lecturer in Law at Syiah Kuala University, Aceh (Indonesia). LL.M.(Oxford Brooks Univ.) The author is indebted

for a thoughtful discussion during the class on law of self-determination by Dr. Richard Burchill at the University

of Hull. ORCID: http://orcid.org/0000-0002-8765-4263. The author may be contacted at: m.yakub.akadir@un-

syiah.ac.id / Address: Law Faculty/Fakultas Hukum, Unsyiah Darussalam, Banda Aceh-Indonesia.

DOI: http://dx.doi.org/10.14330/jeail.2016.9.1.01

Application of the Law

of Self-Determination

in a Postcolonial Context:

A Guideline

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