The "principle of equal rights and self-determination of peoples" is one of the foundational purposes of the United Nations Charter, codified in Article 1 therein. Notwithstanding its political and legal affirmation by the international community as a whole, self-determination remains a vexed legal construct. This paper offers a historical overview of the evolution of self-determination from a political ideal to a legal principle and to a legal right. It argues that the most constructive understanding of the concept is one that acknowledges its composite nature as both a principle and a right, and it seeks to ascertain which categories of peoples are recognized as having the right to self-determination, whether internal or external, under international law, following a wide range of international legal instruments from the UN General Assembly Decisions to the ICJ Advisory Opinions. Using the case of Kosovo as an illustration of this dynamic, it presents a historical and analytical framework that might assist in (re)conceptualising and critically assessing more recent and future claims for self-determination.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.