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The Concept of Autonomy in International Law and the Practice of the United Nations

Published online by Cambridge University Press:  12 February 2016

Louis B. Sohn
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Extract

The concept of “autonomy” and the related concepts of “self-rule” and “self-government” are terms of both constitutional law and international law. While they are of ancient origin, their current importance is due to their use in the Camp David Agreement relating to a Framework for Peace in the Middle East, of 17 September 1978. That agreement speaks of: providing “full autonomy to the inhabitants” of West Bank and Gaza; a free election of a “self-governing authority”; giving due consideration to “the principle of self-government by the inhabitants of these territories”; establishing “the elected self-governing authority” in the West Bank and Gaza; negotiating an agreement which will define the powers and responsibilities of “the self-governing authority” to be exercised in the West Bank and Gaza; and beginning the transitional period of five years when “the self-governing authority (administrative council) in the West Bank and Gaza is established and inaugurated.”

Type
Articles
Information
Israel Law Review , Volume 15 , Issue 2 , April 1980 , pp. 180 - 190
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1980

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References

1 U.S. Department of State, The Camp David Summit, DOS Publ. 8954, Near East and South Asian Series 88 (September 1978); 78 Department of State Bulletin, No. 2019, pp. 7–11 (October 1978); reprinted in (1978) 17 International Legal Materials 1466–74.

2 According to Article 38(1 )(c) of the Statute of the International Court of Justice, in deciding in accordance with international law, that Court shall apply, inter alia, “the general principles of law recognized by civilized nations.” In the present case, the relevant principles of law are those of constitutional law of those States which have granted autonomy to some part or parts of their territory. Within the limited framework of this paper only occasional references to these principles and to relevant constitutional precedents will be possible.

3 For a general survey, see Kunz, , “Die Staatenverbindungen” in Handbuch des Völkerrechts, Vol. II, Part 2 (Stuttgart, Kohlhammer, 1929) 193–236.Google Scholar See also Boghitchévitch, , Halbsouveränilet (Berlin, Springer, 1903) 1–84CrossRefGoogle Scholar; Veiter, , Nationale Autonomie (Wien-Leipzig, Braumüller, 1938) 144–73.Google Scholar Concerning the special Jewish autonomy in Eastern Europe between 1264 and 1768, see Landauer, , Das geltende jüdische Minderheitenrecht mit besonderer Berücksichtigung Osteuropas (Leipzig, Teubner, 1924)Google Scholar; Finkelstein, , Jewish Self-Government in the Middle Ages (New York, 1924).Google Scholar

4 Act No. 670, Concerning the Autonomy of the Aaland Islands, 28 December 1951. For an English summary, see United Nations, Yearbook of Human Rights for 1951 (New York, 1953) 89–91Google Scholar; see also Modeen, , “The International Protection of the National Identity of the Aaland Islands” (1973) Scandinavian Studies in Law 177–210.Google Scholar

5 Agreement between the Austrian and Italian Governments, Paris, 5 September 1946, which became Annex IV of the Treaty of Peace with Italy, Paris, 10 February 1947; 49 United Nations Treaty Scries, pp. 184–5. A dispute concerning the implementation of this agreement was submitted to the United Nations in 1960. See 15 GAOR, Annexes, No. 68, at 1–5; 16 idem, No. 74, at 1–6. See also Alcock, , The History of the South Tyrol Question (London, Joseph, 1970)Google Scholar; Fenet, A., La question du Tyrol du Sud (Paris, Librairie générale de droit et de jurisprudence, 1968)Google Scholar; Ritschell, K. H., Diplomatie um Südtirol (Stuttgart, Seewald, 1966).Google Scholar

6 GA Resolution 390(V), 2 December 1950; 5 GAOR, Supp. 20 (A/1775), p. 20. See also Schiller, , “Eritrea: Constitution and Federation with Ethiopia,” (1953) 2 Am.J.Comp.L. 375–83CrossRefGoogle Scholar; Trevaskis, , Eritrea: A Colony in Transition, 1941–52 (London, Oxford U.P., 1960).Google Scholar

7 Act No. 137, Respecting the Home Government of the Faeroe Islands, 23 March 1948; for English translation, see United Nations, Yearbook on Human Rights for 1948 (New York, 1950) 55–57Google Scholar; Act No. 577, The Greenland Home Rule Act, 29 November 1978; an English translation was published by the Ministry for Greenland (Copenhagen, 1979). See also Olesen, , Home Rule for Greenland (Ottawa, Department of Indian and Northern Affairs, 1979).Google Scholar

8 Cook Islands Constitution Acts, 1964, with 1964 and 1965 Amendments; United Nations, Yearbook on Human Rights for 1965 (New York, 1968) 362–4Google Scholar; for the General Assembly approval of the free association of the Cook Islands with New Zealand, sec GA Resolution 2064 (XX), 16 December 1965; 20 GAOR, Supp. 14 (A/6014), pp. 56–7. Similar arrangements for self-government were made in 1974 for Niue. See GA Resolution 3285 (XXIX), 13 December 1974; 29 GAOR, Supp. 31 (A/9631), p. 98.

9 Sudan, The Southern Provinces Regional Self-Government Act, 1972. Reprinted in Rabl, , Das Selbstbestimmungsrecht der Völker (Köln-Wien, Böhlau, 1973) 678–84.Google Scholar

10 The Law of Autonomy in the Region of Kurdistan, 11 March 1974. For English text, see Settlement of the Kurdish Problem in Iraq (Bagdad, Ath-thawra Publications, 1974) 185–98; for a summary, see United Nations, Yearbook on Human Rights for 1973–1974, pp. 119–20.Google Scholar

11 Autonomy Statutes for the Basque Region and Catalonia, Royal Decree-Laws 13 and 14/1979, 14 September 1979; Spain, , Boletin Oficial del Estado, Disposiciones Generales, 16–30 September 1979, Nos. 22954 and 22955, pp. 2455–70.Google Scholar

12 Among examples of autonomy combined with integration are the Aaland Islands and Eritrea. See above, where other cases of similar character are also listed.

13 A good summary of this evolution may be found in Sady, , The United Nations and Dependent Peoples (Washington, Brookings, 1956) 66–76Google Scholar, reprinted in Asher, and others, The United Nations and Promotion of General Welfare (Washington, Brookings, 1957) 815 at 878–88.Google Scholar Later references are to the 1956 edition.

14 6 GAOR, Supp. 14 (A/1836), pp. 5–6, 41–43.

15 For text of the report of Sub-Committee, see UN Doc. A/C.4/L.180 and Corr. 2 (22 December 1951); 6 GAOR, Annexes (VI) 36, p. 3, at 6. As approved by the General Assembly the text appears in 6 GAOR, Supp. 20 (A/2119), p. 61, as an annex to G A Resolution 567 (VI), 18 January 1952.

16 GA Resolution 567 (VI), supra n. 15. Concerning the background of this resolution, see Sud, , United Nations and the Non-Self-Governing Territories (Delhi, University Publishers, 1965) 103–111Google Scholar; Ahmad, , The United Nations and the Colonies (Bombay, Asia Publishing House, 1975) 224–37.Google Scholar

17 UN Doc. A/AC.58/1/Add.2, p. 4, at 7–8 (12 June 1952).

18 UN Doc. A/AC.58/1/Add.3, p. 7, at 8–11 (16 July 1952). For a list of factors suggested by the Netherlands and limited to the subjects mentioned in Article 73 (e), see id., at 11–12.

19 UN Doc. A/AC.58/1/Add.3, pp. 17–22 (8 July 1952).

20 UN Doc. A/2178 (16 September 1952); 7 GAOR, Annexes (VII) 36, p. 1, at 3–5.

21 UN Doc. A/2428 (4 August 1953); 8 GAOR, Annexes (VIII) 33, p. 2, at 3.

22 GA Resolution 1467 (XIV), 12 December 1959; 14 GAOR, Supp. 16 (A/4354), p. 36.

23 UN Doc. A/4526 (3 October 1960); 15 GAOR, Annexes (XV) 38, pp. 1–3.

24 GA Resolution 1541 (XV), 15 December 1960; 15 GAOR, Supp. 16 (A/4684), Vol. I, pp. 29–30.

25 Concerning the cases of the Netherlands Antilles and Surinam (1951–55). Puerto Rico (1953), Greenland (1950–54), see Sud, supra n. 16, at 150–63.