The most representative document in international human rights law is the Universal Declaration of Human Rights (UDHR),which is a milestone in history of human rights law, was proclaimed by the UN General Assembly in Paris on 10 December 1948 General Assembly Resolution 217A as a common standard of achievements for all peoples and all nations. Article 21 describes “the will of the people” as “the basis of the authority of government” and calls for that will to be considered through “periodic and general elections.” However, only until the International Covenant on Civiland Political Rights (ICCPR) established by the United Nations Human Rights Committee, the procedural mechanism was codified into the binding treaty (article 25). The article
…show more content…
By Article 21 of he Universal Declaration of Human Rights (UDHR), people’s will shall be respected and thus if it’s people’s choice not to have multi-party, the legitimacy of single party would be justified and can be claimed to have in-party democracy in this way. Such case applies to Bhutan, China, Cuba, Pakistan, Qatar, Congo, Rwanda, and Sudan.
If not, self-determination should be taken as a measure to establish democracy and legitimize the regime. Contemporary notions of self-determination usually distinguish between “internal” and “external” self-determination, suggesting that "self-determination" exists on a spectrum. Internal self-determination may refer to various political and social rights; by contrast, external self-determination refers to full legal independence/secession for the given 'people' from the larger politico-legal …show more content…
The International Court of Justice offered judicial review due to Article 65 of Statute of International Court of Justice, « International law can only provide judicial review but not consultation when the case is compelling. » The legality of Kosovo Independence is still debatable today. Even though admitted the independence by International Court of Justice, the identity of authors of Kosovo Declaration is flawed bacause of abstention of government representatives and a lack of representation of people’s will. Throughout this case, we could see that self-determination, as a right protected and ensured by the international law, has been a way to democratize and by its criteria of judgement, the International Court of Justice has managed to interpretate the principle and aricles of international law
By Article 21 of he Universal Declaration of Human Rights (UDHR), people’s will shall be respected and thus if it’s people’s choice not to have multi-party, the legitimacy of single party would be justified and can be claimed to have in-party democracy in this way. Such case applies to Bhutan, China, Cuba, Pakistan, Qatar, Congo, Rwanda, and Sudan.
If not, self-determination should be taken as a measure to establish democracy and legitimize the regime. Contemporary notions of self-determination usually distinguish between “internal” and “external” self-determination, suggesting that "self-determination" exists on a spectrum. Internal self-determination may refer to various political and social rights; by contrast, external self-determination refers to full legal independence/secession for the given 'people' from the larger politico-legal …show more content…
The International Court of Justice offered judicial review due to Article 65 of Statute of International Court of Justice, « International law can only provide judicial review but not consultation when the case is compelling. » The legality of Kosovo Independence is still debatable today. Even though admitted the independence by International Court of Justice, the identity of authors of Kosovo Declaration is flawed bacause of abstention of government representatives and a lack of representation of people’s will. Throughout this case, we could see that self-determination, as a right protected and ensured by the international law, has been a way to democratize and by its criteria of judgement, the International Court of Justice has managed to interpretate the principle and aricles of international law