國(guó)際法的基本原則ppt課件-閱讀頁(yè)
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【正文】 te. Although recognition by other states is not, at least as a matter of theory, necessary to achieve statehood, the viability of a wouldbe state in the international munity depends, as a practical matter, upon recognition by other states； international recognition is not alone constitutive of statehood and, critically, does not relate back to the date of secession to serve retroactively as a source of a legal right to secede in the first place. Recognition occurs only after a territorial unit has been successful, as a political fact, in achieving secession. —— Reference re Secession of Quebec， 1998 （五）臺(tái)灣與自決 1.“住民自決論” ? 土著人（ indigenous people）沒(méi)有自決權(quán) ? 2022年《土著人民權(quán)利宣言》第 4條 ? indigenous populations— indigenous people It is, of course, true that democracy expresses the sovereign will of the people. Yet this expression, too, must be taken in the context of the other institutional values we have identified as pertinent to this Reference. The relationship between democracy and federalism means, for example, that in Canada there may be different and equally legitimate majorities in different provinces and territories and at the federal level. No one majority is more or less legitimate than the others as an expression of democratic opinion, although, of course, the consequences will vary with the subject matter. At the same time, Canada as a whole is also a democratic munity in which citizens construct and achieve goals on a national scale through a federal government acting within the limits of its jurisdiction. The function of federalism is to enable citizens to participate concurrently in different collectivities and to pursue goals at both a provincial and a federal level. ? 清晰法 (clear referendum) ? 國(guó)中國(guó) 思考題 從國(guó)際法角度駁臺(tái)獨(dú)分子所謂 “ 住民自決論 ” 。
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