Three theories about the right to self-determination
Law has two dimensions: on the one hand, it can be linked to the maintenance of an unjust status quo; but, on the other hand, it can also be an instrument of fight for any social actor. This idea will be developed throughout the analysis of the right to self-determination, object to the present arti...
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| Format: | Article |
| Language: | English |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7323363 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 50, 2019, pags. 119-134 |
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| Summary: |
Law has two dimensions: on the one hand, it can be linked to the maintenance of an unjust status quo; but, on the other hand, it can also be an instrument of fight for any social actor. This idea will be developed throughout the analysis of the right to self-determination, object to the present article.Self-determination is a rather old concept understood as self-governance before the states. At the beginning of the twentieth century, social actors recognized this concept as a right, and subsequently as a human right. This article will focus on the notion of self-determination from a theoretical point of view, while also mentioning some historical elements that will complement the historical relevance this right has had. Hence, I will first start by explaining what self-determination meant from John Locke ́s standpoint, which is linked to natural law-liberalism. Likewise, I will consider the Marx-Leninists perspective that supported the African decolonization. Finally, I will illustrate how global indigenous movements reinterpreted the notion of self-determination and materialised it through the Bolivian Constitution. With this, the reader will see how law and human rights are both indeterminate and difficult-to-reconcile concepts. |
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