The System of International Law: The Right to Self-Determination, Minority Rights and Patterns of Human Rights Violations ― Connections with the Breakup or Implosion of States

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  • 1 Eversheds Professor of International Law, University of Derby.

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  • 1 See Ian Hamilton and Abu El-Haj, "Armed Conflict: The Protection of Children under International Law", Research Paper, Children's Legal Centre (Essex, 2000).

  • 2 H.L.A. Hart, The Concept of Law (Oxford, 1961). 3 Robert Jennings and Arthur Watts (eds.), International Law (London, 9th ed. 1992), vol. I, para. 3. 4 Ibid., para. l7. 5 Ibid., para. 4. 6 Ibid., para. 127.

  • 7 James Crawford, "State Practice and International Law in Relation to Secession", 69 BYBIL ( 19981, 85-117, at 114. 8 Ibid., 95 and 113. 9 Ibid., 85-6. to For a more detailed discussion of the argument, see Anthony Carty, The Decay- of International Law (Manchester, 1996), 55-6. 11 August von Bulmerincq, Praxis, Theorie und Codification des loelkerrechts (Leipzig, 19741.

  • 'z Crawford, "State Practice ...", 102-3. " Ibid., 107.

  • 14 Ibid., 107-8. `5 NYT (29th January 2001). ).

  • 16 James S. Watson, "Legal Theory, Efficacy and Validity in the Development of Human Rights Norms in International Law", 40 Law Forum ( 1979), 609. " lbid., 619.

  • la Ibid., 630 and 632. '9 Watson, "Legal Theory ...", 621 and 613-5.

  • 20 Ibid., 624. 21 Ibid., 638. 22 Ibid., 621. 1. 23 Ibid., 639. 24 Philip Alston and James Crawford, The Future of UN Human Rights Treaty Monitoring (Cambridge, 2000).

  • u Abdullahi An-Na'im and Francis M. Deng, "Self-Determination and Unity: The Case of Sudan", 18 Law and Society (1997), 199-223, at 207. 26 FOi371/102737 telegram from W. Morris (Head of the Sudan desk) in the FO to Cairo, 12 January 1953; and FO/371/96916 telegram from Khartoum to FO, 16 December 1952; minute by Roger Allen (Head of the African desk), 12 January 1953, FO.

  • for instance, a briefing paper in the possession of the FO was a document of the Southern Sudan Political Emergency Committee, which set out the differences of race and religion between the two parts of the Sudan, FO/371/102740, Khartoum, 23 January 1953. ZB Question of Tom Driberg to Anthony Eden in the House of Commons whether the Governor-General would retain any power to protect South Sudan after independence, 20 January 1953, in FO 371/102739. Z9 This point was made by the Juba Political Committee in Khartoum, FO/96916, 16 December 1952. 3o Even northern politicians acknowledged this. Record of a meeting on 23 January 1953, Northern Sudanese Discuss Southern Sudan. Speakers at the Discussion Circle, FO/371/102743. " See the representations of the Upper Nile Committee meeting held on 23 December 1952, FO/102739.

  • '= Ibid. " Argument of the UK Ambassador in Egypt, Sir R. Stevenson, 15 January 1953, telegram to FO, FO/371/102738; see also the comments of Roger Allen on the agreement concluded between the Egyptians and the northern politicians, 12 January 1953, stressing that the Egyptians can persuade the northern Sudanese to anything and that the Sudan Service can find no footing. While the South continues to be recognized as a problem, the direction is toward getting the Sudanese themselves, i.e. in their future parliament, to decide matters. " Cmnd. Paper 5360 (1937). 'S By the end of January, both the FO and Cairo were resolved to drop the Southern issue. Stevenson stressed the danger of violence on the Egyptian side and the danger of the loss of the other objectives of the Egyptian policy, while recommending some kind of international commission to oversee the self-determination process, telegram to FO, 31 January 1952. Minute of Roger Allen to Anthony Eden for circulation to the Cabinet, giving as the main reason for conceding the Egyptian point of view the absence of any clearly defined, reliable Sudanese political ally for Britain. One could resort to force, but this would be against British Sudanese policy in the last five years. There is no mention of ultimate British interests in Egypt, but Allen considered the idea of an international commission woolly. Eden proceeded to get Cabinet agreement after reading this, FO/ 371/102740, 2 February 1953.

  • '6 An-Na'im and Deng, "Self-determination and Unity ...", 211. " G.A. Res. 2625 (XXV), 24 October 1970. 'a An-Na'im and Deng, "Self-determination and Unity ...", 218-9; also 204. 39 Ibid., 205, 209. 40 Ibid., 209. 41 Ibid., 213-4. 42 Ibid., 200.

  • 43 Ibid., 210. " See further Edward Johnson, "Keeping Cyprus off the Agenda: British and American Relations at the United Nations, 1954-58", 11 Diplomacy and Statecraft (2000), 227, at 230. 45 Robert Holland, "British Colonial Policy and the Roots of Violence in Cyprus, 1950-54", 21 Journal of Imperial and Commonwealth History (1993), 148, at 164-5.

  • ab Robert Holland, Britain and the Revolt in Cyprus, 1954-1959 (Oxford, 1998), 72-3. 47 Ibid., 156. 48 Ibid., 163. 49 CO 926/553, 134 from Istanbul to Foreign Office, 17 December 1956.

  • 50 Ibid., 55. 51 FO 371/136362 RGC 1051/54 G, from Cyprus, Sir Hugh Foot to the Secretary of State for the Colonies, 24 February 1958. 52 FO 371/136362 RGC 1051/44, Constitutional Equality in Cyprus: Anglo/Turkish Exchanges.

  • s3 Greek for "unity". 54 FO 371/136364 RGC 1051/98, Cyprus, J.M. Addis, 30 April 1958. sus FO 371/1365, E.J. Barnes, 2 December 1958. sb Holland, Britain and the Cyprus Revolt, 293.

  • 57 Ibid..305. 5$ Ibid., 306. 59 Ibid., 308. 60 Ibid., 314-9. 61 Ibid., DO 35/1060�1. Self-determination Note on Legal Aspect by Francis Vallet.

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