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V. Remedial Self-Determination

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Chapter Summary

The right to colonial self-determination accrues to a population by virtue of the unlawful maintenance of colonial governance over it. Remedial self-determination is generated through the actions of the central government. Meeting in Vienna, the World Conference on Human Rights adopted rather different language when addressing the right to self-determination. The UN administration in Kosovo then launched the policy of 'standards before status', presenting Kosovo with the option of independence provided it complied with requirements of good governance. Russia first relied on the doctrine of representation, even invoking the expansive but controversial interpretation of the Friendly Relations Declaration when justifying its recognition of Abkhasia and South Ossetia. Remedial self-determination concerns further cases where a population is excluded from political participation in the state or is severely mistreated, on grounds of its ethnic appurtenance.

Keywords: Friendly Relations Declaration; Human Rights; Kosovo; remedial self-determination; Russia; South Ossetia; Vienna

10.1163/ej.9789004174887.1-224.20
/content/books/10.1163/ej.9789004174887.1-224.20
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