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Open Access. Powered by Scholars. Published by Universities.®

International Law

University of Massachusetts Boston

Journal

2019

Human Rights Covenants

Articles 1 - 2 of 2

Full-Text Articles in Law

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers Nov 2019

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers

New England Journal of Public Policy

This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.


The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman Nov 2019

The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman

New England Journal of Public Policy

Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.