THEME: RIGHT TO SELF-DETERMINATION

ABSTRACT
The right to self-determination is one of the most powerful political concepts. It was born out of a
period of colonialism, where previously colonized states are allowed to secede and reestablish themselves
as independent nations.
Under the International Covenant on Civil and Political Rights: All peoples have the right to self-
determination. By virtue of that right they freely determine their political status and freely pursue their
economic, social and cultural development. This statement, however, is open to interpretation, which
raises the question on who may exercise such right. The definition of peoples is debatable as to whether
or not this involves individuals. There is also a distinction between internal and external self-
determination. In a report by the Human Rights Committee Against Racial Discrimination, it identified
the two aspects of the right to self-determination: The internal aspect, that is to say, the rights of all
peoples to pursue freely their economic, social and cultural development without outside interference. In
that respect there exists a link with the right of every citizen to take part in the conduct of public affairs at
any level () The external aspect of self-determination implies that all peoples have the right to
determine freely their political status and their place in the international community based upon the
principle of equal rights and exemplified by the liberation of peoples from colonialism and by the
prohibition to subject peoples to alien subjugation, domination and exploitation.
What my research paper seeks to discuss is the difference between the two aspects of self-
determination in relation to current events, particularly the unilateral declaration of independence by
Kosovo from Serbia. I want to discuss the historical background of the case, the disputes that led to the
secession of Kosovo from Serbia, the decision of the ICJ regarding the unilateral declaration of
independence of Kosovo, and whether or not this could possibly be more beneficial than not to the
seceding party and to the state it seceded from. I also want to explore the possible implications of this
decision to long-expressed intent of the Palestinian people to secede from Israel and the Bangsamoro
Juridical Entity from the Republic of the Philippines.