Cameron Miranda
Self-determination is a core principle of international law, arising from customary international law, and is recognised as a general principle of law. It is enshrined in several international treaties, including the United Nations Charter and the International Covenant on Civil and Political Rights, which protect the right of all peoples to self-determination. This right allows people to freely determine their political status and pursue their economic, social, and cultural development. While the term self-determination exists on a spectrum, it can be broadly categorised into internal and external self-determination. Internal self-determination refers to various political and social rights, while external self-determination refers to full legal independence or secession from a larger politico-legal state. The realisation of self-determination can take different forms, such as establishing a sovereign and independent state, freely associating with another state, or integrating with another state by freely expressing the will to do so. The principle of self-determination imposes obligations on states to respect and promote the right, and to refrain from any actions that deprive peoples of their right to self-determination.
| Characteristics | Values |
|---|---|
| Definition | Self-determination is a core principle of international law, arising from customary international law, but also recognized as a general principle of law, and enshrined in a number of international treaties. |
| Scope | Self-determination is protected in the United Nations Charter and the International Covenant on Civil and Political Rights as a right of "all peoples". |
| Realisation | A people can be said to have realised its right to self-determination when it has either (1) established a sovereign and independent state; (2) freely associated with another state; or (3) integrated with another state after having freely expressed its will to do so. |
| Obligations | The principle of self-determination outlines the duty of states to respect and promote the right, and to refrain from any forcible action that deprives peoples of this right. |
| Limitations | Self-determination does not provide a right to secession under international law. While no right to secession has yet been recognized, it is possible that such a right may be accepted in the future under exceptional circumstances. |
| Exceptions | In some cases, international law has embraced the principle of self-determination in a binary form, entailing rights to internal or external self-determination depending on the circumstances. |
| Examples | Examples of self-determination include the independence of Kosovo from Serbia, the Turkish Republic of Northern Cyprus, and the ongoing pursuit of independence by the indigenous people of Biafra. |
| Challenges | The ability of a people to self-determine can be adversely affected not only by a dominating state but also by groups of states that act collectively to make and implement international law and policy. |
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What You'll Learn
- Self-determination is a core principle of international law
- The right of self-determination applies to colonial territories
- Self-determination can be internal or external
- Self-determination does not include a right to an independent state for every ethnic group
- Self-determination is distinct from secession
Self-determination is a core principle of international law
The scope and purpose of self-determination have evolved significantly over time. In the early 1900s, international support grew for the right of all people to self-determination, leading to successful secessionist movements during and after the world wars and laying the groundwork for decolonisation in the 1960s. Today, contemporary notions of self-determination distinguish between "internal" and "external" self-determination. Internal self-determination refers to various political and social rights, while external self-determination refers to full legal independence or secession from a larger politico-legal state.
While independence is a potential outcome of self-determination, it is not the only one. In international law, the right of self-determination is interpreted as the right of colonial territories to become independent or to adopt any other status they freely choose. This right is increasingly intertwined with human rights norms, particularly the rights of minorities and indigenous peoples. For example, the indigenous people of Biafra have been advocating for their right to self-determination and independence under international law. Additionally, the concept of remedial secession or "external self-determination" has been argued in cases of severe oppression by the mother state, such as in the instances of Kurdistan and Catalonia.
However, it is important to note that no right to secession has been recognised under international law. Secession within a single state is considered a domestic matter not covered by international law. The principle of self-determination does not specify how decisions are to be made or what the outcome should be, and it does not guarantee an independent state for every ethnic group within a former colonial territory. Instead, self-determination can be realised through various means, such as establishing a sovereign and independent state, freely associating with another state, or integrating with another state according to the freely expressed will of the people.
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The right of self-determination applies to colonial territories
Self-determination is a core principle of international law, arising from customary international law and recognised in several international treaties. It denotes the legal right of people to decide their own destiny in the international order. The scope and purpose of self-determination have evolved significantly over the 20th century, with successful secessionist movements during and after the two World Wars, and the groundwork for decolonisation in the 1960s.
However, it is important to note that self-determination in the context of colonial territories has been heavily restricted to decolonisation under the principle of uti possidetis, which means that colonial borders will not be altered despite new states coming into being. This has resulted in the sanctity of colonial borders, with post-colonial governments and political elites accepting and guarding this principle.
Furthermore, the right of self-determination does not include a right to an independent state for every ethnic group within a former colonial territory. While the principle outlines the duty of states to respect and promote the right, it also includes the obligation to refrain from any forcible action that deprives peoples of their right to self-determination. The use of force to prevent a people from exercising this right is regarded as illegal and has been consistently condemned by the international community.
In summary, the right of self-determination applies to colonial territories, with the recognition that they have the right to independence or self-governance. However, this right is restricted by the principle of uti possidetis, which maintains colonial borders, and the absence of a right to an independent state for every ethnic group within a colonial territory.
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Self-determination can be internal or external
Self-determination is a cardinal principle in modern international law, binding on the United Nations as an authoritative interpretation of the Charter's norms. The right of self-determination is considered a general principle of international law and is enshrined in a number of international treaties, including the United Nations Charter and the International Covenant on Civil and Political Rights as a right of "all peoples".
External self-determination is the right of peoples to determine their own political status and to be free of alien domination, including the formation of their own independent state. This can be achieved by establishing a sovereign and independent state, freely associating with another state, or integrating with another state after having freely expressed the will to do so. Independence is not the only possible outcome of an exercise of self-determination, and external self-determination does not necessarily include a right to an independent state for every ethnic group within a former colonial territory.
In international law, the right of self-determination that became recognized in the 1960s was interpreted as the right of all colonial territories to become independent or to adopt any other status they freely chose. This led to successful secessionist movements during and after WWI, WWII, and laid the groundwork for decolonization in the 1960s. However, ethnic or other distinct groups within colonies did not have a right to separate themselves from the "people" of the territory as a whole.
The scope and purpose of the principle of self-determination have evolved significantly over time. While no right to secession has yet been recognized under international law, it is possible that such a right may be accepted in the future under certain exceptional circumstances.
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Self-determination does not include a right to an independent state for every ethnic group
Self-determination is a core principle of international law, arising from customary international law and recognised as a general principle of law. It is enshrined in several international treaties, including the United Nations Charter and the International Covenant on Civil and Political Rights, which protect the right of "all peoples" to self-determination. While self-determination is a fundamental aspect of human rights and freedoms, it does not include a right to an independent state for every ethnic group.
The scope and purpose of self-determination have evolved significantly over time. In the early 1900s, international support grew for the right of all people to self-determination, leading to successful secessionist movements during and after the world wars and paving the way for decolonisation in the 1960s. However, the right to self-determination in international law was initially interpreted as the right of colonial territories to become independent or choose another status, rather than giving ethnic groups within colonies the right to separate from the territory as a whole.
While the concept of self-determination grants individuals the right to form "a people," it does not give every ethnic group the right to establish their own independent state. Instead, self-determination allows people to determine their political status and be free from alien domination, which can include forming an independent state. However, this is not the only outcome, and self-determination can also lead to free association or integration with another state.
The principle of territorial integrity or political unity is often considered superior to self-determination. The Declaration on Friendly Relations, for example, states that nothing in its paragraphs should be interpreted as authorising or encouraging any action that would impair the principle of territorial integrity. Additionally, granting ethnic minorities the right to withdraw from their state because of their wish to do so would destroy order and stability within states and inaugurate anarchy in international life.
Furthermore, international law does not recognise ethnic minorities as separate peoples, except in cases where they are systematically disenfranchised by their government. While there is sympathy for the claims of indigenous peoples for self-government and control over their traditional territories, self-determination is not widely accepted as a legal tool for adjudicating disputes within states due to the widely divergent situations that exist.
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Self-determination is distinct from secession
Self-determination is a core principle of international law, arising from customary international law and recognised as a general principle of law. It is enshrined in several international treaties, including the United Nations Charter and the International Covenant on Civil and Political Rights, which protect the right of "all peoples" to self-determination. This principle grants people the legal right to decide their own destiny in the international order.
However, it is important to distinguish between self-determination and secession. While self-determination can lead to independence, it does not necessarily entail a right to secession or the formation of a separate state. Self-determination can manifest in various forms, including internal self-determination, where people's rights are recognised within an existing state, and external self-determination, which can involve devolution or secession.
The right to secession is not recognised under international law. However, this does not mean that secession is impossible. For example, the successful secessionist movements during and after the World Wars and the decolonisation process in the 1960s demonstrate that secession can occur outside the framework of international law. Additionally, certain circumstances, such as gross and systematic human rights violations or extreme oppression, may fuel future claims for secession.
The relationship between self-determination and secession is complex and evolving. While self-determination is a broad principle, secession is a specific action that may be considered as a possible outcome of self-determination. However, it is not an automatic right granted by self-determination. Instead, international law tends to prioritise territorial integrity over secession, especially outside the context of decolonisation.
In conclusion, self-determination and secession are distinct concepts in international law. Self-determination is a fundamental principle granting people the right to shape their destiny, while secession refers to the act of breaking away from an existing state, which is not recognised as an inherent right under international law. The interpretation and application of these concepts continue to evolve, influenced by historical contexts, political considerations, and the specific circumstances of each case.
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Frequently asked questions
Self-determination is a core principle of international law, arising from customary international law, and is recognised as a general principle of law. It is enshrined in international treaties, such as the United Nations Charter, and is regarded as a right of "all peoples". Self-determination can be understood as the right of peoples to freely determine their political status and pursue their economic, social, and cultural development.
Internal self-determination refers to various political and social rights, while external self-determination refers to full legal independence or secession from a larger politico-legal state.
Self-determination is often linked to the creation and destruction of states, and it is a key aspect of decolonisation processes. In the context of colonialism, self-determination is understood as the right of colonial territories to become independent or adopt any other status they freely choose.
While self-determination is a fundamental right, there are considerations and obligations to be aware of. For example, the use of force to prevent a people from exercising self-determination is considered illegal. Additionally, self-determination should not be interpreted as authorising any action that impairs the territorial integrity or political unity of sovereign and independent states.
