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Referendums as a people’s means of exercising their right to self-determination
Abstract.The subject of this article is examination of the question of the enforcement of people’s right to self-determination through holding a referendum. From the perspective of realization of self-determination as a collective right, the referendum suits the most, as each member of the public can be heard and their combined pinion received. Within the framework of the research, the author analyzed the well-known referendums within national and international practice regarding the realization of right to self-determination, which resulted in the emergence of new sovereign states. A conclusion is made that a referendum has to match a set of criteria in order for it to be recognized by the international community as legitimate. The possibility of holding a referendum must be enshrined in national law, or obtained based on arrangement with the central state. In separate cases, referendum can be held at the initiative or under control of the international organization. The author believes that the realization of people’s right to self-determination through referendum is one of the most efficient means, as it allows obtaining the direct response of the people.
Keywords: Secession, Territorial integrity, Referendum, People's rights, People, Right of self-determination, Independence, Safeguard clause, Separatism, Recognition of States
Article was received:05-06-2018
This article written in Russian. You can find full text of article in Russian here .