18 - Self-Determination and Peace-Making

Summary

Self-determination conflicts have, for a very long time, been considered intractable. Given the apparent zero-sum game character to such conflicts, the only outcomes appear to be victory for either side or interminable conflict. While the post-Cold war era has brought about a further round of self-determination conflicts marked by very high levels of violence and civilian casualties, this period has also led to a significant number of self-determination settlements. In the main, these have been autonomy settlements or examples of federalisation; and are often combined with complex power-sharing arrangements. This practice has contributed considerable wealth to the tool-kit available to construct bespoke, internal settlement options in relation to the numerous secessionist conflicts or controversies around the globe. This chapter considers this settlement practice in light of international legal doctrine on self-determination, and in terms of the constitutional processes and transformations required to craft the particular autonomy, federal, transitional and secessionist solutions, which may be necessary to rejuvenate popular consent for the conflict-affected state going forward.