Magisterarbeit, 2016
54 Seiten, Note: B1
This dissertation aims to critically examine the United Nations Organization's (UNO) role in the decolonization of Southern Cameroons, focusing on whether the transition from trusteeship to independence adhered to international law. It investigates the failure to ensure compliance with UN resolutions concerning self-determination for the people of Southern Cameroons.
Introduction: This chapter introduces the central legal question: Did the UNO properly supervise Southern Cameroons' transition from trusteeship to independence? It establishes the thesis that the Trusteeship Council failed to ensure compliance with UN Resolution 1608 XV (5), preventing a proper transition to independence or self-governance. The chapter also provides background on petitions, movements advocating self-determination, and existing literature on the issue. It outlines the research's relevance, identifying the problem, proposing recommendations for rectification, and defining the scope of the study.
Historical Background (1884-1961): This chapter examines the history of Southern Cameroons, starting with German colonial rule (1884-1914), its partition between the UK and France after World War I under the League of Nations, and its subsequent trusteeship under the UNO (1945-1961). It analyzes the termination of the trusteeship agreement, questioning the lack of an independence option for the people of the territory. The chapter sets the historical stage for understanding the legal and political context surrounding the decolonization process. This includes the examination of the pertinent UN Charter articles and resolutions that formed the legal basis of the trusteeship.
Transition of the Territory (1954-1972): This chapter analyzes the transition of Southern Cameroons from gaining quasi-regional autonomy in 1954, through its federation with the independent Republic of Cameroon (1961-1972), and its eventual incorporation into a unitary state. The chapter critically examines the Republic of Cameroon's actions after the 1961 plebiscite and contrasts the termination of the trusteeship over Southern Cameroons with similar processes in other trust territories. This comparative analysis highlights the uniqueness of Southern Cameroon's case and raises questions about the fairness and legality of the process. It explores the political maneuvers and power dynamics that shaped the events.
Obliteration of Southern Cameroons Identity (1984): This chapter details how the former trust territory of French Cameroons, having gained independence in 1960, regained its name and state symbols in 1984 after the incorporation of Southern Cameroons. This act is argued to be a deliberate erasure of Southern Cameroons' distinct identity, highlighting the lasting impact of the questionable decolonization process. This chapter examines the symbolic and practical implications of this act and its contribution to the ongoing disputes. The analysis delves into the cultural, political, and legal ramifications of this forceful unification.
Legal Justification for UN Actions: This chapter explores the legal justifications, or lack thereof, for the UN's actions in Southern Cameroons. It examines the principle of uti possidetis juris in relation to the Republic of Cameroon's claims after the 1961 unification. The chapter argues that the current status of the Republic of Cameroon rests on a potentially weak legal foundation, based on violations of international law regarding self-determination. The discussion analyzes how this legal principle was (or was not) applied, and examines relevant case law and legal scholarship. The chapter establishes a critical legal framework for assessing the legality of the post-plebiscite actions.
Findings and Recommendations: This chapter presents the findings that the decolonization process failed and that the people of Southern Cameroons constitute a "people" under international law, entitled to self-determination. It offers recommendations, including referral to the International Court of Justice (ICJ), options for internal self-determination (confederation or federation), and a referendum for external self-determination. It argues that the UNO failed to lead Southern Cameroons to independence or self-government. The chapter culminates in a powerful assertion of the ongoing rights of Southern Cameroonians, laying out potential paths toward legal redress.
Southern Cameroons, United Nations, decolonization, self-determination, trusteeship, plebiscite, international law, uti possidetis juris, Article 76(b) UN Charter, Resolution 1608 XV, International Court of Justice (ICJ).
This document is a comprehensive language preview of a dissertation critically examining the United Nations Organization's (UNO) role in the decolonization of Southern Cameroons. It focuses on whether the transition from trusteeship to independence adhered to international law and investigates the failure to ensure compliance with UN resolutions concerning self-determination for the people of Southern Cameroons.
Key themes include the UNO's role in the decolonization of Southern Cameroons; compliance with Article 76(b) of the UN Charter and Resolution 1608 XV; the right to self-determination for the people of Southern Cameroons; the legal implications of the 1961 plebiscite and subsequent actions; and potential legal remedies for addressing past injustices.
The central question is: Did the UNO properly supervise Southern Cameroons' transition from trusteeship to independence? The dissertation argues that the Trusteeship Council failed to ensure compliance with UN Resolution 1608 XV (5), preventing a proper transition to independence or self-governance.
The dissertation covers several key periods: German colonial rule (1884-1914), the period after World War I under the League of Nations, the UN trusteeship (1945-1961), the transition period (1954-1972), and the obliteration of Southern Cameroons identity (1984).
Key events examined include the partition of Southern Cameroons between the UK and France, the termination of the trusteeship agreement, the 1961 plebiscite, the federation with the Republic of Cameroon (1961-1972), the eventual incorporation into a unitary state, and the regaining of the name and state symbols of French Cameroons in 1984.
The dissertation discusses the principle of self-determination, Article 76(b) of the UN Charter, Resolution 1608 XV, and the principle of uti possidetis juris in relation to the Republic of Cameroon's claims after the 1961 unification.
The dissertation finds that the decolonization process failed and that the people of Southern Cameroons are entitled to self-determination under international law. It concludes that the UNO failed to lead Southern Cameroons to independence or self-government.
Recommendations include referral to the International Court of Justice (ICJ), options for internal self-determination (confederation or federation), and a referendum for external self-determination.
Keywords include: Southern Cameroons, United Nations, decolonization, self-determination, trusteeship, plebiscite, international law, uti possidetis juris, Article 76(b) UN Charter, Resolution 1608 XV, International Court of Justice (ICJ).
The document provides summaries for each chapter: Introduction, Historical Background (1884-1961), Transition of the Territory (1954-1972), Obliteration of Southern Cameroons Identity (1984), Legal Justification for UN Actions, and Findings and Recommendations.
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