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Self-Determination and Courts and Tribunals

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Chapter Summary

This chapter analyses the way in which courts other international bodies have applied self-determination. The most common principle used to balance self-determination has been territorial integrity, which was applied by the Russian Constitutional Court in Tatarstan and Chechnya and the Canadian Supreme Court in Re Secession of Quebec. A common approach by courts and other international bodies has been to support a balance of principles with national ideas, which support the dominance of one principle over another. The Jurists concluded that when the Åland dispute arose, Finland" had not yet acquired the character of a definitely constituted State". A balance of principles also lay at the centre of the International Court of Justice's Western Sahara Advisory Opinion 1975. Courts and tribunals have accepted the applicability of self-determination as a legal principle.

Keywords: Åland dispute; Finland; International court of justice; Jurists; Russian constitutional court; self-determination; supreme court; tribunals; Western Sahara advisory opinion

10.1163/9789004232969_010
/content/books/b9789004232969s010
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