A Critical Exploration of Internal Self-Determination Under International Law, with Particular Reference to the Sri Lankan Conflict

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A Critical Exploration of Internal Self-Determination Under International Law, with Particular Reference to the Sri Lankan Conflict is written by Molligoda Liyanage Kalana Cha Senaratne and published by . It's available with International Standard Book Number or ISBN identification 1361383976 (ISBN 10) and 9781361383971 (ISBN 13).

This dissertation, "A Critical Exploration of Internal Self-determination Under International Law, With Particular Reference to the Sri Lankan Conflict" by Molligoda Liyanage Kalana Chaminda Kumar, Senaratne, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Internal self-determination is a popular, but insufficiently researched, concept in mainstream international law scholarship. It has emerged and gained prominence as a consequence of the understanding that the right to self-determination in international law is composed of two natural and distinct dimensions, namely: the 'internal' (guaranteeing political and democratic freedoms to people within a State); and the 'external' (guaranteeing political independence from colonial rule). Traditionally understood to be promoted by the West, 'internal' self-determination is often regarded as a right or principle guaranteeing democratic governance to people within a State, and importantly, political autonomy for minority groups. This thesis is a critical study which seeks to problematize the mainstream understanding of 'internal' self-determination. Its principal arguments are broadly three-fold: that 'internal' self-determination is based on an artificially constructed dichotomy of the concept of self-determination; that while both the West and the Third World have promoted 'internal' self-determination in different ways, its promotion by powerful actors needs to be approached with caution; and that contrary to popular perception, 'internal' self-determination can be problematic for minority groups, both as a distinct right or principle of international law, and as a political slogan. These central arguments are further illustrated and substantiated by a critical and detailed examination of the protracted ethnic conflict in Sri Lanka; i.e. through a re-reading of the conflict from an 'internal self-determination perspective. The thesis also contains brief studies of a few other cases. This thesis proposes that 'internal' self-determination is yet another political expression which, contrary to the popular mainstream view, has indeterminate potential. The broader challenge is to subject 'internal' self-determination to constant critical scrutiny, exploring how the concept advances or retards the realization of greater equality and self-determination by peoples, when struggling within complex and hierarchically-constructed political structures. For minority peoples in protracted self-determination conflict situations, 'internal' self-determination is best understood as a choice arising after or upon (and not before or in the absence of) the recognition of their right to self-determination. Subjects: Self-determination, National