Justice. Furthermore, free will of the people to determine their own political future by plebiscite was not used. Eventually, the UN took a more active role with the transitional administration and the political future of Western Sahara yet to be constitutionally concluded. One can suggest that in Western Sahara Article 1(2) and the peremptory legal principle of self-determination that evolved through the ICJ’s own jurisprudence during 1950-71 was not followed. One could sympathise with Sahrawian and with Franck and his criticism of UN with his article titled: “Stealing of Western Sahara.”Events in Western Sahara were contrary to Article 2(4) where opposing parties engaged in a civil war and a short conventional war. general elections years later without resolving the contested issues and conventional war. Moderation has a limitation in its application to self-determination, as in the violent events in Balkans to be discussed later in Chapter 6. In conclusion, moderation is justifiable in self-determinations subject to limitations of its determinants and components. 5.8 Challenges of Practice, Moderation, East Timor, Kosovo, Canada If moderation is a administrative norm, then it ought to be traced and identified within constitutional disputes with varying degree of intensity of disorder. East Timor was a violent decolonization necessitating intervention. Kosovo was part of a federation that broke up with violence, necessitating international intervention. Quebec has a history of political agitation over a century. All three represent different phases of state creation, decolonisation, secession, and succession. 5.8.1 Moderation, as an Imperative in State Action The exercise of moderation, in the discharge of international obligations, brought about by the international legal norm of self-determination was justified on legal and political grounds. First, the strict interpretation of the Articles of the Charter is not always helpful because they are general, and normative in nature (legal arguments).
Justice. Furthermore, free will of the people to determine their own political future by plebiscite was not used. Eventually, the UN took a more active role with the transitional administration and the political future of Western Sahara yet to be constitutionally concluded. One can suggest that in Western Sahara Article 1(2) and the peremptory legal principle of self-determination that evolved through the ICJ’s own jurisprudence during 1950-71 was not followed. One could sympathise with Sahrawian and with Franck and his criticism of UN with his article titled: “Stealing of Western Sahara.”Events in Western Sahara were contrary to Article 2(4) where opposing parties engaged in a civil war and a short conventional war. general elections years later without resolving the contested issues and conventional war. Moderation has a limitation in its application to self-determination, as in the violent events in Balkans to be discussed later in Chapter 6. In conclusion, moderation is justifiable in self-determinations subject to limitations of its determinants and components. 5.8 Challenges of Practice, Moderation, East Timor, Kosovo, Canada If moderation is a administrative norm, then it ought to be traced and identified within constitutional disputes with varying degree of intensity of disorder. East Timor was a violent decolonization necessitating intervention. Kosovo was part of a federation that broke up with violence, necessitating international intervention. Quebec has a history of political agitation over a century. All three represent different phases of state creation, decolonisation, secession, and succession. 5.8.1 Moderation, as an Imperative in State Action The exercise of moderation, in the discharge of international obligations, brought about by the international legal norm of self-determination was justified on legal and political grounds. First, the strict interpretation of the Articles of the Charter is not always helpful because they are general, and normative in nature (legal arguments).