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Addressing the Self-determination Dispute

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Chapter Summary

An initial review of cases surveyed would suggest that there are four approaches to the self-determination issue in complex power-sharing agreements: 1) Denying self-determination to the secessionist entity and compensating it with complex power-sharing provisions; 2) Ratifying secession and compensating non-dominant groups in new state through complex power-sharing; 3) Confirming the possibility of self-determination including secession, but deferring the act of self-determination to a future date and possibly making the exercize of this act dependent on fulfilment of certain conditions; and 4) Suspending the issue of self-determination for the moment and instead promising creation of a mechanism through which this issue may be addressed in future. It is convenient to consider whether a settlement resolves the issue of who is self-determination unit and what mechanism is established for exercise of the right to self-determination and whether this exercise is conditional. The basic structure of complex power-sharing design is also highlighted.

Keywords: complex power-sharing agreements; non-dominant groups; secessionist entity; Self-determination dispute



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