David McIntosh Lvss, comment (hope he doesnt mind me copying it). It has been allured to by the now resigned First Minister of Scotland that the people of Scotland do not require a second referendum to declare themselves independent. For those who may dispute that assertion here is an insight into the position in International Law: international law. Self Determination A. Article 2 of the United National Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly Resolution 1514(XV) of 14December 1960: “All Peoples have the right to self-determination, by virtue of economic, social and cultural development.” B. Programme of Action for the Full Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly Resolution 2621(XXV): “Reaffirming that all peoples have the right to self-determination and independence and that the subjugation of the peoples to alien domination constitutes a serious impediment to the maintenance of international peace and security and the development of peaceful relations among nations.” “All peoples have the right of self -determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development” C. United Nations Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Chapter of the United Nations (General Assembly Resolution 2625(XXV) of 25 October 1970): “By virtue of the principle of equal rights and self-determination of peoples enshrined in the Chapter, all peoples have the right freely to determine without external interference, their political status and to pursue their economic, social and cultural development, and every state has the duty to respect this right in accordance with provisions of the Charter.” D. Conference on Security and Co-operation in Europe (CSCE), Helsinki Final Act, August1, 1975: “By virtue of equal rights and self-determination of peoples, all people always have the right, freedom to determine, when and as they wish, their internal and external political status, without external interferences and to pursue as they wish their political, economic, social and cultural development.” E. African Charter of Human and Peoples Right, 1981: Article 19- “(2) Nothing shall justify the domination of a people by another.” Article 20 – “All peoples shall have right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen”. F. Vienna Declaration and Programme of Action, 1993: “All peoples have the right to self-determination. By virtue of that right they freely determine their political status, and freely pursue their economic, social and cultural development.” G. Organisation for Security and Co-operation in Europe (OSCE), Charter of Paris for a New Europe, 1994: “We affirm the equal rights of peoples and their right to self-determination inconformity with the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of states.” It should be noted that the above-stated international instruments providing for right to self-determination are founded on the principles of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations, 1945 particularly Articles 1 and 55 thereof. If the Scottish National Party along with other Pro-Independence parties declare in their Election Manifesto that if elected they will declare Scotland an independent nation then they formally seek a mandate from the Scottish electorate. If following the election those political parties form a majority of the electorate who participated in that election then they have acquired a formal and legally binding mandate to declare Scotland an Independent State under International Law in accordance with the United Nations Charter regarding the Right of Self-Determination as stated in Articles 1 and 55 thereof.
Posted on: Mon, 29 Sep 2014 14:13:20 +0000
Trending Topics
Recently Viewed Topics
© 2015