Self-determination in International Law: Quebec and Lessons Learned : Legal Opinions

Front Cover
Anne F. Bayefsky
Martinus Nijhoff Publishers, 2000 - Law - 512 pages
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The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the "Quebec Secession Reference." The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book.
Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
  

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Contents

PARTI
5
State Practice and International
31
Report by Luzius Wildhaber
63
The Effectivity Required of
69
Opinion Directed at Question 2
75
Report by Alain Pellet Legal Opinion on Certain Questions
85
Re Order in Council P C
125
Response to Experts Reports of the
153
Factum of the Amicus Curiae
333
Factum of the AdHoc Committee of Canadian Women on
343
Factum of the Grand Council of the Crees Eeyou Istchee
351
Reply of the Attorney General of Canada
371
Reply of the Amicus Curiae
379
Reply of the AdHoc Committee of Canadian Women on
387
Oral intervention of the AdHoc Committee of Canadian Women
393
Addendum to the Factum of the Amicus Curiae
399

Report by Luzius Wildhaber
173
Opinion Directed at Response
179
of International Law Raised by the Reference
185
Professor Crawford to the Amicus Curiaes Experts Reports
213
Summary Legal Opinion Concerning
225
Report by Christine Chinkin
233
Expert opinion prepared in 1992 upon request of the Government
241
PART III
305
A Questions to the Attorney General of Canada
407
A Written Response of the Attorney General of Canada
417
B Written Response of the Amicus Curiae
423
C Reply of the Attorney General of Canada to Written Responses of
441
D Reply of the Amicus Curiae to Written Responses of the Attorney
447
PART VI
453
Index
507
Copyright

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