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43 Hitotsubashi J.L. & Pol. 1 (2015)

handle is hein.journals/hbijllw43 and id is 1 raw text is: Hitotsubashi Journal of Law and Politics 43 (2015), pp.1-16. C Hitotsubashi University SELF-DETERMINATION: PEOPLE'S WILL OR STRATEGIC INTEREST? SETSUKO KAWAHARA Introduction Self-determination is an international norm which has developed relatively recently. It is an important basis for human rights and democracy, having greatly contributed to ending colonialism and apartheid. One striking aspect of this norm is that its interpretation and application are extremely diverse, and have evolved over time, intertwining international politics and law. In other words, the concept is multi-faceted and contains a significant degree of ambiguity, leading to a tendency of each actor to interpret and utilize it for their own interests.' Ambiguity pervades many aspects of this concept. Who is the self: people, nation or state? What are the subject and scope of the determination? How can the determination be attained, and under what conditions? These are not only philosophical or legal questions, but also crucial questions for international security, as many armed conflicts have been and still are fought under the manifestation of self-determination. One of the recent examples is the annexation of Crimea by Russia, which has caused serious concern in the international community.2 This article analyzes how self-determination has been perceived and applied, focusing on strategic interests. In addition, several cases are studied to provide suggestions for attaining self-determination in a more harmonious way. I. The Original Concept The origin of the idea self-determination goes back to the French and American Revolutions.3 The concept is clearly reflected in the US Declaration of Independence signed in 1776, which stipulates that to secure these rights (unalienable human rights), governments are instituted among men, deriving their just power from the consent of the governed. The core of self-determination is the idea that people are not a property of the ruler and that governance should be conducted in accordance with the free will of the people. Freedom from repression by the ruler and democracy have a deep root in American liberalism, which can even traced back to Mayflower Compact in 1620. Alfred Cobban, The Nation State and National Self-Determination, Collins, 1969, p. 14; Dov Ronen, trans. Urano, Jiketsu towa nanika (The Questfor Self-Determination), Tosui Shobo, 1988, p. 11. 2 UN General Assembly Resolution (A/RES/68/262), for which 100 states voted in favor, 11 states voted against, and 58 states abstained. s Antonio Cassese, Self-determination ofPeoples, Cambridge University Press, Cambridge, 1995, p. 11.

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