Legitimacy of Right to Self-Determination Under International Law

Abstract

The term self-determination refers to process by which people determine their political status. It is well established that right to self-determination (RSD) is available to all and based on its historical and conceptual evolution, its status amounts to jus cogens or obligations erga omes. In other words, it is a part of customary international law (CIL). While exercising self-determination, people may freely determine their legal and political status vis-a-vis free to pursue economic, social and cultural (ESC) development by virtue of that right. The important milestones for defining and recognizing RSD are (i) the International Covenant on civil and political rights (ICCPR), 1966 and (ii) the International Covenant on economic, social and cultural rights (ICESR), 1966 which defines RSD. In terms of RSD's implementation, there exist certain hurdles and impediments which lead to non-exercise of this right. In this context, this article focuses on legitimacy and various paradoxes of RSD under International law. It analyses its scope, binding nature and legal status with reference to the occupied people in an occupied territory. It discusses different views in relation to its applicability. The argument developed throughout the article is that by virtue of recognition of RSD, in general, international community may implement RSD of those who are denied so far and ensure its availability to all in practical terms. In particular, such right may be implemented in occupied territories by means of referendum or plebiscite under auspices of the United Nations (UN) for securing rights of those who are struggling since decades. It concludes that, by virtue of implementation and enforcement of RSD in all jurisdictions, universal lasting peace can be established and international security can be ensured.