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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Publication Details

Journal
Lex Russica
Published
2025-09-23
DOI
https://doi.org/10.17803/1729-5920.2025.226.9.108-118
Primary Topic
Legal and Policy Issues
Type
article
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article

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

A. K. Kagramanov
Lex Russica
Legal and Policy Issues
article

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

A. K. Kagramanov
article en

Abstract

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.

Lex RussicaVol. 78(9)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 60%
Legal and Policy Issues
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