NCJ Number
130884
Date Published
1990
Length
15 pages
Annotation
The issue of who should be entitled to vote in referenda regarding political self-determination is considered in view of normative theory of political self-determination, secession, and legitimate boundaries.
Abstract
Various written documents assert people's right of self-determination, but do not provide specific criteria for what qualifies as a "people." However, under liberal democratic theory, self-determination is the right of every group that is aware of itself as a distinct group, is territorially concentrated, and is viable as an independent political community. Unanswered questions include how small a group can have the right of self-determination and of setting up an independent country; the just distribution of benefits following the secession of a geographic area with most of a country's natural resources; and who should be entitled to vote in separatist referenda. The situation in New Caledonia, in which the Kanaks want to regain political independence, illustrates these issues as well as moral questions such as the expulsion of immigrants. The analysis also suggests that the theory of self-determination does not justify the Irish Republic's claim to sovereignty over all of Ireland and that where a full opportunity of self-determination is not possible, justice requires the adoption of the next best measures. Notes