Minorities’ Aspiration to Self-Determination as a Major Cause of Conflict in Europe: Does It Shape International Law Towards a Right to Remedial Secession?
摘要
Post-colonial self-determination in the 21st century centers on new groups seeking to assert self-determination. I examine the hypothesis that minorities' pursuit of self-determination is a significant cause of European conflicts. Traditionally, minorities have fallen outside the scope of self-determination. I utilize the Responsibility to Protect (R2P) and the Friendly Relations Declaration’s savings clause to determine whether a severely oppressed minority might advance to “remedial secession”, proposing that threshold criteria be established within a framework connected to the large-scale atrocity crimes inherent to the R2P doctrine. A case study of military conflicts in Europe over the last 100 years is utilized, as minorities' aspirations to self-determination have consistently fueled conflict since US President Woodrow Wilson included them in his Fourteen Points for Peace. Drawing on the case study, I present a framework for addressing disintegrative conflicts over secession by minority groups. The urgency of the subject is underscored by two contemporary cases, where great powers' aspirations to become empires manipulate the right to self-determination to serve their strategic interests: Russia’s President Putin’s government’s support for separatists aiming to reintegrate lost territories and the American President Trump's assertion that Greenland should be incorporated into the United States.