Self-Determination Right - (Study on legal concept and political participation)

القانون الدولي

Abstract

This paper came up under the title, The Right to Self-Determination - A Study in the Legal Concept and Political Practice. The problem with this paper appears in the emergence of human rights treaties and charters, as basic sources in contemporary international law, as well as the emergence of divisions within many countries, which have some Sometimes led to war against minorities and nationalities, which gave the right to self-determination, new connotations in the light of these changes, it became possible for minorities to demand the right of self-determination, or the right of secession, within conditions, which may be linked to international law, political support, or it requires both cases together. The paper aims to illustrate the legal rules related to the principle of self-determination, which are approved by international law, the Charter of the United Nations, and through international resolutions emanating from them, as well as to its approval in other international charters and documents, and to explore the applicability of these legal rules to the self-determination of some countries. The paper raised many questions that it sought to answer, such as what is the concept of the right to self-determination, its historical beginnings, and what is the legal value of the right to self-determination in international law, and who are its people are? And what is the difference between the right to self-determination and the right to secede, what are the criteria for claiming it, and the limits of this right? Then, who is this right exercised within the framework of international law, what are its mechanisms, who has the authority to decide on it, and the methods used in that? The problem of the paper is reflected in the evolution of contemporary international law, and the emergence of human rights treaties and charters, as basic sources in contemporary international law, as well as to the emergence of divisions within many countries, that have led to war against ethnic and national minorities, which have given rise to the right to self-determination, where it is possible that minorities may demand the right to self-determination or the right to secede, within conditions that may be linked to international law, or to political support from countries with influence on the international scene, or require both cases together. Its importance lies in the importance of the right to self-determination for peoples who live under oppression and domination and to demonstrate this right through the principles of international law and the Charter of the United Nations, whether it is legal or political. And for the accuracy of the subject, this necessitated the use of more than one approach to treatment, such as the descriptive and analytical approach, to reach treatments that serve the scientific objective of the paper. The paper produced a series of conclusions and recommendations, most notably that the right to self-determination is a legal right because of the existence of provisions in the Charter of the United Nations and international declarations and conventions. The paper recommended that Governments respect and implement all human rights in United Nations resolutions, of which the freedom of people's to their economic, social, cultural, civil, and political rights are one of the most important.