48. Self-determination as a right

17 Nov

Self-determination as a right

1. Independence for the States today is the ability and willingness to freely set for themselves their own objectives and the relevant strategy for achieving them, and defining and implementing the internal and external politics which dictate their interests.

2. Self-determination and sovereignty cannot mean isolation. However, the exercise of this status gives a State to exercise its political power with the highest authority without external interference.

3. Similarly, independence usually means that the State has the constituent and reserve domain over domestic jurisdiction. Independence and self-determination are virtually synonymous and really are the essential attributes of the traditional legal conception of sovereignty and supremacy over the inhabitants of a territory without the intervention of an external party.

4. While the right of self-determination, secession and the principle of nationalities are different forms of inequity. In the field of international law are words that describe the same phenomenon.

5. Strictly speaking, self-determination must be understood by a community’s right to exercise the first act of popular sovereignty, namely the exercise of constituent power and, following this, to be respected in their independence by other members of the international community, under so-called principle of “non-intervention” in internal matters reserved to the domestic jurisdiction.

6. On the other hand, secessionist demands and repression on behalf of the territorial integrity of the States have generated fierce wars and other events including terrorism.

7. The case for the applicability of the right of self-determination by a secessionist entity becomes very strong when it is supported by the overwhelming majority of the citizens. The degree of global harmony resulting from the secession depends on the viability of the new state and the consequences of secession.

8. Over time, “self-determination of peoples” has achieved the prestige of regulatory recognition. Beginning in 1918, it was a late manifestation of the national claims of the nineteenth century which were closely linked to the treatment of national minorities. After WWII, with the establishment of the UN, this fundamental principle was to become the political and legal instrument to promote the decolonisation movement.

9. In a technical sense, self-determination of a territorial unit allows it to become independent and live separately from any other unit; and create a new state or the existing rule without interference from external parties.

10. There are two general forms of self-determination: external self-determination refers to a claim of sovereignty of a people without a state, while internal self-determination refers to the demand of people within an internal state. Both make the same request: non-intervention of others.

© by Odeen Ishmael 


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