Self determination (international law) -------------------------------------------- Self-determination denotes the legal right of people to decide their own destiny in the international order. 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. For instance, self-determination is protected in the United Nations Charter and the International Covenant on Civil and Political Rights as a right of “all peoples.” The scope and purpose of the principle of self-determination has evolved significantly in the 20th century. In the early 1900’s, international support grew for the right of all people to self-determination. This led to successful secessionist movements during and after WWI, WWII and laid the groundwork for decolonization in the 1960s. Contemporary notions of self-determination usually distinguish between “internal” and “external” self-determination, suggesting that self-determination exists on a spectrum. Internal self-determination may refer to various political and social rights; by contrast, external self-determination refers to full legal independence/secession for the given people from the larger politico-legal state. e.g.: Independence of Kosovo (from Serbia), advisory proceedings currently pending before the ICJ. Independence of Abhkazia (from Georgia).
Posted on: Fri, 16 May 2014 07:59:12 +0000
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