Paper Summary:

This paper discusses the right of self-determination. It analyses the central problems of the issue, including the extent of its application, taking into consideration the need to balance human rights with political accord, along with the difficult question of, to whom exactly the right applies. The paper further provides a brief analysis of the principle and history of self-determination and then examines contemporary law regarding this area.

Table of Contents:
What is Self-determination?
Self-determination as an International Legal Right
Self-determination as a Right Concerning Claims to a State
The Significance of the Provision- Does it Apply Beyond the Traditional Colonial Context?
Meaning of the Provisions- "All Peoples" - an Individual Right?
Conclusion

From the Paper:

"The jurisdiction in this area is somewhat conflicting, and demonstrates the difficulty the court faces in reconciling the need to protect and promote fundamental human rights without destructing the already fragile international legal order. The principle of self-determination depends on the majority view of the "peoples". However, as often with human rights principles, the majority view may serve to violate the rights of a distinct minority group, thus failing to protect "all peoples". During the reconstitution of the Soviet Union, the new States were formed by referenda which established the wish for independence. However, the Chechens in Russia, as one example, were not given the opportunity to establish their own future status and neither were the minority groups in Croatia when the dissolution of the former Yugoslavia occurred ."

Sample of Sources Used:

• Montevideo Convention on Rights and Duties of States 1933
• Charter of the United Nations 1945
• Statute of the International Court of Justice, 1945
• Declaration on the Granting of Independence to Colonial Territories; General Assembly Resolution 1514 (XV), 1960
• Principles which should guide Members in determining whether an obligation exists to transmit the Information called for under Art.73e; General Assembly Resolution 1541 (XV), 1960

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