RIGHT TO SELF

DETERMINATION

By M.MADHUVANI
 INTRODUCTION
"People's Right to Self-Determination: A Central Principle in International Law“
• The right of peoples to self-determination allows them to freely determine their political status
and pursue their economic, social, and cultural development.
• It is a primary principle in the creation and destruction of states and is positioned as the first right
in the Human Rights Covenants.
• Despite its general description in international instruments, the right lacks an exact definition.
• The right of self-determination, relies on perceptions and assumptions that a good
analysis needs to be able to see through.
• The right is also linked with fast-changing events, and a good way to keep up with
current developments.
 1. HOW HAS THE CONCEPT OF THE RIGHT TO SELF-
DETERMINATION EVOLVED IN INTERNATIONAL LAW OVER THE
PAST CENTURY?

• Early Developments- Woodrow willson

• Aland Islands Case
• UN Charter
• Declaration on Colonial Independence
• Resolution 1541
• Declaration on Friendly Relations
• Human Rights Conventions
 2. WHAT ROLE DO INTERNATIONAL ORGANIZATIONS AND
INSTITUTIONS PLAY IN PROMOTING OR LIMITING THE EXERCISE OF
THE RIGHT TO SELF-DETERMINATION?
Promoting the Right:
• Recognition & Support
 International covenant on Civil & Political rights - Art 1
 International covenant on economic, social & cultural rights - Art 1
 Un charter - Art 1(2)
 ILO convention no 169 - Art 7

Kosovo advisory opinion

It is a territorial dispute case Kosovo unilaterally declared independence from Serbia in 2008. ICJ declared it as consistent with
international law upholding the Kosovo's right of self-determination.
• Conflict Resolution & Peacekeeping
• Human Rights Advocacy
• Legal Frameworks
• Sanctions & Diplomatic Pressure
Limiting the Right:
• Sovereignty & Territorial Integrity
• Political Influence
• Security Council Actions
• Selective Recognition
• Legal Ambiguity
• Economic & Trade Considerations
• Internal Politics of Member states
 3. WHAT CHALLENGES ARISE IN THE PRACTICAL
IMPLEMENTATION AND ENFORCEMENT OF THE RIGHT TO
SELF-DETERMINATION?

• Sovereignty & Territorial Integrity

• Armed conflicts & violence
• International Recognition
• Double standards
• Geopolitical Considerations
• Human rights violation
• Legal Ambiguity
• Economic & Social Challenges
• International interventions
• Ethical & Cultural Complexities
• Post – Independence Governance
• Peaceful Transition.
THANK YOU