대외적 자결권에 관한 국제법 상황

• 영문명: International Legal Situation Concerning the Right to External Self-Determination - with Special Reference to the Right of Oppressed Minority Groups to Unilateral Secession -
• 발행기관: 국제법평론회
• 저자명: 김석현(KIM Seok hyun)
• 간행물 정보: 『국제법평론』제46호, 1~55쪽, 전체 55쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.02.28

영문 초록

It is generally accepted that positive international law grants the right to external self-determination to peoples subject to alien subjugation, domination and exploitation. As such, this right has been emphasized in the context of decolonization. However, the international community has recently been confronted by a trend of unilateral secession of minority groups in existing States outside colonial context. It goes without saying that not all minorities have a right to secession. The purpose of this paper is to analyze the actual situation of international law as to whether such a right can be afforded at least to minority groups ‘oppressed’ by the State to which they belong. First of all, this paper defines the internal and external aspects of the right to selfdetermination and examines the various theories concerning the right to secession based upon the right to self-determination. It can be suggested that the ‘remedial secession’ theories are the most persuasive and appealing theses, in that they accentuate the justifiability of granting a right to secession as a last resort to minority groups who have been oppressed and discriminated against in a State. In this regard, the question is raised, as the starting point for substantive discussion on the subject of this paper, whether a minority group can be qualified as a people who is the subject of right to self-determination. The third section analyzes the practice of the international community regarding this issue. It is suggested that international documents have shown a tendency to admit, to a limited extent, a right of oppressed minority groups to external self-determination, which has however not yet been reflected positively in the practice of the international community. The fourth section is focused on the practice of States, which has been proved inconsistent regarding the issue in question. The fifth section compares the pros and cons of recognition of the right of oppressed minorities to unilateral secession as a last resort for serious discrimination and grave human rights violations. In the sixth and final section, the present author concludes this paper by stressing that these problems in question should not be resolved by State sovereignty-centered politics, but through human rights-based approaches.

목차

Ⅰ. 서론

Ⅱ. 피압박 소수자 집단과 ‘대외적 자결권’

Ⅲ. 국제공동체의 실행

Ⅳ. 개별 국가들의 실행

Ⅴ. 학설의 대립

Ⅵ. 결론 : 인권 차원의 접근의 필요성

Abstract

키워드

대외적 자결권 분리독립 구제적 분리 Aaland제도 사건 퀘벡 주 독립 문제 코소보 분리독립 크리미아 사태 remedialsecession Right to External Self-Determination Secession Remedial Secession Aaland Islands Dispute Question of the Secession of Quebec Secession of Kosovo Crimea Case