Đang chuẩn bị liên kết để tải về tài liệu:
European Conquest and the Rights of Indigenous Peoples Part 6

Luật Nhân quyền quốc tế đã phát triển mạnh mẽ sau khi Liên hợp quốc thành lập vào năm 1945.Từ khi Tuyên ngôn nhân quyền Quốc tế được thông qua, Luật Nhân quyền quốc tế trở nên bao trùm nhiều loại quyền của nhiều đối tượng. Cùng với sự phát triển không ngừng của nền văn minh nhân loại, nhân quyền tiếp tục được bổ sung các quyền mới và càng ngày càng trở nên quan trọng. | Recovering rights eastern Europe. True to its declaratory policy concerning post-war order the United States insisted on self-determination for the states of eastern Europe. The Soviet role in thwarting free elections first in Poland and then elsewhere in eastern Europe was seen as a denial of the principle of self-determination and was consequently a source of the Cold War. Whether in the case of free and democratic elections for the states of eastern Europe or the right of colonised peoples to sovereign independence as states the common issue was the freedom of nations to determine their future unfettered by external powers. In both cases the object of self-determination was the right of peoples to constitute themselves as a self-governing nation state . What was to be determined was the sovereign authority and independence of states with jurisdiction over defined territory as the political expression of the people contained in them. A problem common to both cases was that these so-called nation-states more often than not contained ethnic minorities that might themselves seek self-determination at some future juncture as indeed happened in the resurgence of ethnonationalism following the end of the Cold War. Self-determination is thus an inherently ambiguous principle. On the one hand it has been and continues to be interpreted in the context of relations between states. It is inextricably linked with the principle of sovereign independence from other states. On the other hand it is the normative basis of claims from within particular states for independence from the jurisdiction of those states. As Cobban put it in the 1960s t he history of self-determination is a history of the making of nations and the breaking of states .65 In the context of relations between states self-determination is coupled to the control of a territorial state. Consequently states tend to regard indigenous peoples claims to self-determination as claims to territorial sovereignty that .