نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری دانشگاه قم
2 هیئت علمی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Annexation of territory as specified in the resolution of the General Assembly 1541 has been considered as one of the forms of exercising the right to self-determination. The fundamental question is what requirements must be met in order for the annexation of the territory to be considered legitimate? To answer this question, it is necessary to distinguish between the elements of the people, the government, and recognition as the main factors in the validity of the annexation, and the effect of each on the legitimacy of the annexation of the territory should be investigated. With the descriptive-analytical method, the conclusion was reached that if there is the consent of both the government and the people of that territory, there is less doubt about the validity of the annexation. But if the annexation is with the consent of the annexed government and without the explicit consent of the people, if there is a democratic structure in the country, the annexation may be legitimate. If the annexation is with the consent of the people and without the consent of the government, in the situation of colonialism, occupation, and trusteeship, and in some cases of non-autonomous territories and racist governments, permission to annexation is considered. But regarding governments that systematically violate human rights, the answer depends on whether annexation is considered a phenomenon independent of secession or connected to secession. If secession is assumed to be an integral antecedent of annexation, the conditions for the legitimacy of secession, including ‘remedial secession’, are necessary.
کلیدواژهها [English]
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