http:hhsiao'dlearn'kmu'edu'tw

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????????????

• ???? ?????
• ?????? ???
• http//hhsiao.dlearn.kmu.edu.tw

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on Human Rights)
??????(International Covenants

• ??????1966????????2200??????????.
  ???????????

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• ???????????
• 1 .????????????? ???????????(The
  International Covenant on Civil and Political
  Rights ICCPR), 1966?????????,
  1976???????????(35?), ????, ??????????
  ?????149????

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• 2.?????????????? (The International Covenant on
  Economic, Social and Cultural Rights ICESCR),
  1966?????, 1976???, ?????????? ??146????

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Res 2200, International Covenants on Human
Rights

• adopted unanimously on December 16, 1966,
  and entered into force on March 23, 1976 in
  accordance with Article 49. This resolution
  consists of two covenants

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• 1. Universal Covenant on Civil and Political
  Rights
• http//www.taiwandocuments.org/un2200a-XXI.htm
• 2. International Covenant on Economic, Social
  and Cultural Rights
• http//www.taiwandocuments.org/un2200aa-XXI.htm

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Universal Covenant on Civil and Political Rights

• Adopted and opened for signature, ratification
  and accession by the General Assembly on 16
  December 1966Entered into force 23 March 1976,
  in accordance with Article 49
• http//www.taiwandocuments.org/un2200a-XXI.htm

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• Resolution 2200A (XXI)
• THE GENERAL ASSEMBLY,
• Preamble
• The States Parties to the present Covenant,
• Considering that, in accordance with the
  principles proclaimed in the Charter of the
  United Nations, recognition of the inherent
  dignity and of the equal and inalienable rights
  of all members of the human family is the
  foundation of freedom, justice and peace in the
  world,

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• Recognizing that these rights derive from the
  inherent dignity of the human person,
• Recognizing that, in accordance with the
  Universal Declaration of Human Rights, the ideal
  of free human beings enjoying civil and political
  freedom and freedom from fear and want can only
  be achieved if conditions are created whereby
  everyone may enjoy his civil and political
  rights, as well as his economic, social and
  cultural rights,

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• Considering the obligation of States under the
  Charter of the United Nations to promote
  universal respect for, and observance of, human
  rights and freedoms,
• Realizing that the individual, having duties to
  other individuals and to the community to which
  he belongs, is under a responsibility to strive
  for the promotion and observance of the rights
  recognized in the present Covenant,
• Agree upon the following articles

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• PART I
• Article 1
• 1. 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.

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• 2. All peoples may, for their own ends, freely
  dispose of their natural wealth and resources
  without prejudice to any obligations arising out
  of international economic co-operation, based
  upon the principle of mutual benefit, and
  international law. In no case may a people be
  deprived of its own means of subsistence.

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• 3. The States Parties to the present Covenant,
  including those having responsibility for the
  administration of Non-Self-Governing and Trust
  Territories, shall promote the realization of the
  right of self-determination, and shall respect
  that right, in conformity with the provisions of
  the Charter of the United Nations.

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• Article 1, Section 1 of both covenents are
  identical 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.
• (?????????. ???????, ??????????????,
  ??????????????????.)

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• ?????????????????????????????, ???????.
  ??????????.
• ??????????????????????, ???????????.

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UNGA Res 1514 (???1514????) ???????

• Declaration on the Granting of Independence to
  Colonial countries and Peoples (?????????????),
  adopted on December 14, 1960 (XV), yes 89, no
  0, abs 9.
• http//www.taiwandocuments.org/colonial.htm

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• 1. Confirms that all peoples have the right to
  self-determination and that by virtue of that
  right they freely determine their political
  status and freely pursue their economic, social
  and cultural development.

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2. The binding force of UNGA resolutiions.

• Most of the resolutions adopted by UNGA are
  without legal binding force (?????????). They are
  mostly morally binding (???????).
• However, UNGA Res 1514 is legally binding, because

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• i) The clause of self-determination in this
  resolution, being repeatedly cited by many later
  resolutions, has become the fountainhead of right
  to self-determination.
• ii) This clause, being cited by the International
  Court of Justice in 1971 (the Namibia case) and
  1975 (the Western Sahara case) as the authority
  of passing judgement, has thereby obtained legal
  binding force.

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Scope of the Principle of Self-Determination

• 1. International legal scholars and commentators
  agree that peoples in Non-Self-Governing-Territori
  es (NSGTs) have right to self-determination.

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• 2. As for the peoples in Metropolitan States
  (MSs), scholars and commentators are divided.
• a) Some of them insist that no right to
  self-determination/secession movements shall be
  granted to peoples in MSs.

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• b) Some interpret that secession movements is
  neither legal nor illegal that the international
  community should neither prohibit a Part of an MS
  from undertaking a secession procedure nor
  prohibit the Center of an MS from suppressing a
  secession movement and that whichever side
  prevails over the other side will be recognized
  by the international community.

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• c) Some scholars propose that a new international
  codification should be undertaken to endorse
  justifiable secession movements and reject
  unjustifiable ones.
• ????
• James Crawford, The Creation of States in
  International Law (Oxford Clarendon Press,
  1979), pp. 100 and 274.

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• Yonah Alexander and Robert Friedlander,
  eds. Self-Determination National, Regional and
  Global Dimentions (Boulder Westview Press,
  1980), pp.198-205, 314-315, 342-343.
• Lee Buchheit, Secession The Legitimacy of
  Self- Determination (New Haven Yale University
  Press, 1978), p. 134.
• Umozurike Oji Umozurike, Self-Determination in
  International Law (Hamden Archon Books, 1972),
  pp. 185 and 274.

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???????????(secession)????????????????

• Non-Self-Governing Territories (NSGTs) ?????
• Metropolitan States (MSs) ???, ?????

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??????????????????????????, ????????

• 1.??????, MS??????????????. ????????????.
  ????????????1970/1/4?????????????????.

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• 2. ????. ????????,?? ??.
• ???????(?Lauterpacht)?? ????????????????????.?
  ??????????, ??? ??????????????????,
  ???????????????????. ?????, ????.
• ????????!

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• 3. ??????????????. ????????(ethno nationalism)??,
  ???????????????, ?????????????????, ????????,
  ??????????, ?????.
• ????? ???????,??????????. ???????????

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• ????????????, ????????NSGTs??????????.
  MSs???????(??), ??????????, ??????????????????,
  ??????????. ??????MSs?????????????????,
  ???????????????????????????????
  ????????????????????????????, ????????,
  ???????????. ???, ????????????????.