A Reassessment of the Principle of Self-Determination in the Current International Legal Framework
A Reassessment of the Principle of Self-Determination in the Current International Legal Framework

Summary/Abstract: During the colonial context, self-determination has been regarded as a means for colonial people to achieve independence from their foreign oppressors. However, in recent decades, international law has linked the principle of self-determination to concepts such as democracy and good governance and has reaffirmed the need to respect the principles of sovereignty and territorial integrity of States. Consequently, there has been a complete disassociating between self-determination and secession. This article addresses this shift in the paradigm of self-determination, arguing that in the post-colonial context, self-determination should be exercised solely under its internal dimension, as a right of peoples to have a representative government and to participate freely in the decision-making process of their State. It also explores the possible emergence of a remedial right to secession as an answer to the breach of the fundamental rights the people by their State.

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