Methods and Forms of Regulation of Self-Government Regimes in Plural States during the Implementation of the Right to Self-Determination

   The presented work, to a certain extent, continues the paper titled «Ethno-regional independence and autonomy as ways to exercise the right to self-determination» published in Lex Russica journal (Kagramanov AK. Ethno-regional independence and autonomy as ways to exercise the right to self-determination. Lex russica. 2022;75(2):9-23. Available at: URL: https://doi.org/10.17803/1729-5920.2022.183.2.009-023. (In Russ.)). The paper was devoted to the implementation of the right to self-determination as in the case of the Russian Federation and other federal states. In this paper, the author attempts to reveal the specifics of the right to self-determination implementation and conflict resolution in plural unitary states and «divided societies» complicated by ethnic, linguistic, religious, and other elements. The author examines the main legal doctrines, regulatory framework and practical positive and negative examples (Austria, Italy, Ukraine, Iraq, Bosnia and Herzegovina, Northern Ireland, Philippines, etc.) of the implementation of various models of self-government, such as integrationism, consociationalism, power-sharing, «complex separation of powers», electoral law, inclusivity, human and minority rights, vertical and horizontal ways of delegating powers, etc., contributing to the combination of the territorial integrity of the state and the implementation of the right to self-determination. Neglect of these institutional methods, as the author believes, can lead to secession of territories. In conclusion, the author argues that the most suitable model under the current conditions of development for plural states is moderate consociationalism.

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