RIGHT TO SELF-DETERMINATION UNDER INTERNATIONAL LAW

This Article is written by Riddhaa Bhattacharyya of 2nd Year BALLB(H) of KIIT School of Law, an intern under Legal Vidhiya.

ABSTRACT

The right to self-determination means that people can choose how they are governed. This idea is important in international law and is found in documents like the United Nations Charter and the Universal Declaration of Human Rights. This research looks at where this right comes from, how it has changed, and the problems it faces today, as well as its effect on local and global politics. Self-determination can work in two ways. Internal self-determination lets people control their own communities while staying part of a country. External self-determination happens when a group decides to leave and form a new country. In the past, this right helped many nations in Africa, Asia, and the Caribbean become independent. Today, however, groups wanting independence often clash with governments that want to keep their country united. This paper reviews examples like Bangladesh’s independence in 1971, Quebec’s vote on leaving Canada in 1995, Kosovo’s declaration of independence in 2008, and Catalonia’s effort to separate from Spain. It also explains how courts and international groups try to solve these conflicts. Even though self-determination is accepted by many, it is still a tricky issue, especially when it goes against current borders. The rights of Indigenous peoples, various independence movements, and global politics make the situation more complicated. The paper puts forward that there should be a fair balance between the right to self-determination and keeping a country stable. This balance can be reached through peaceful talks, clear rules, and working together internationally to protect both people’s rights and world peace.

INTRODUCTION

Self-determination is the idea that people have the right to make their own decisions about how they are governed. It means that a group of people, such as a nation or a community, should be able to choose their political future without being controlled by others. This concept has been important in history, leading to the creation of new countries and helping people gain more rights. Self-determination is the idea that people have the right to choose how they are governed and to decide their own political future. It means that every group or community should be free to make its own decisions without outside control. This idea has become a symbol of freedom and independence, giving hope to those who have been under colonial rule or oppressed by stronger powers. It is not just a political idea but also a way to respect the cultural and historical identity of a people.

Looking back at history, the fight for self-determination has changed the world map many times. After big events like World War I and World War II, many groups used self-determination to break away from empires and form their own countries. These changes showed the unfairness of colonial rule and helped many oppressed people gain the right to govern themselves. In the mid-20th century, countries in Africa, Asia, and Latin America used the idea of self-determination to gain independence and rebuild their nations.

In international law, self-determination is now a well-known principle that helps shape the rules between countries. Important documents like the United Nations Charter and many human rights agreements say that people have the right to govern themselves. This recognition in law gives people a way to challenge governments or systems that do not respect their rights. By making self-determination a key idea, international law works to create more peace and fairness among nations.

Today, self-determination remains a vital topic in world politics. In our global society, discussions about local independence, rights of indigenous people, and the power of minorities are common. As countries deal with issues of globalization and cultural diversity, the right to self-determination reminds us that a government’s strength comes from the support and choice of its people. This idea continues to develop our laws and politics and stands for the universal hope for freedom and dignity.

WHAT IS SELF-DETERMINATION?

Self-determination is the right of people to decide their own future. This can mean two things: 

Internal self-determination – When people have the freedom to manage their own political, economic, and cultural affairs while staying part of an existing country. 

External self-determination – When a group decides to break away and form a new, independent country. 

This idea is recognized in important international documents like the United Nations (UN) Charter, the Universal Declaration of Human Rights, and other agreements. These documents say that all people should have the right to self-determination. 

Self-determination does not always mean independence. Some groups, like indigenous communities, use self-determination to protect their culture and have more control over their own affairs without leaving their country. 

HOW HAS SELF-DETERMINATION DEVELOPED OVER TIME? 

The idea of self-determination has been around for a long time. In the past, many countries were ruled by kings or foreign powers, and people had little say in how they were governed. The American and French Revolutions in the 18th century helped spread the idea that people should have the right to govern themselves. 

After World War I, U.S. President Woodrow Wilson talked about self-determination as a way to prevent future wars. However, at that time, many countries, especially in Africa and Asia, were still under colonial rule. 

After World War II, self-determination became even more important. The United Nations (UN) Charter in 1945 officially recognized it, and during the 1950s–1970s, many countries in Africa, Asia, and the Caribbean gained independence from European rule. This period, called decolonization, was one of the biggest examples of self-determination in history. 

In more recent times, self-determination has been used in different ways. Some regions, like Quebec in Canada, Catalonia in Spain, and Scotland in the UK, have wanted to separate and become independent countries, but their governments have not allowed it. This shows that self-determination can sometimes cause conflicts, especially when it goes against a country’s existing borders. 

WHY IS SELF-DETERMINATION IMPORTANT IN INTERNATIONAL LAW?

Self-determination is an important right because it helps people have control over their own lives. It is recognized in international law as a key principle that supports: 

Democracy– It allows people to choose their own leaders and government. 

Peace and stability– It can help solve conflicts by giving people a say in their future. 

Cultural identity – It helps minority and indigenous groups protect their traditions and way of life. 

Fair solutions to disputes – It is often used to guide discussions about independence or autonomy. 

Self-determination can also be complicated. Some governments worry that allowing one group to separate could lead to instability or encourage other groups to do the same. Because of this, self-determination must be balanced with the idea of territorial integrity, which means protecting the borders of existing countries. 

In international law, self-determination is still an ongoing issue. While it has helped many people gain independence and rights, it also raises difficult questions about how to keep peace while respecting people’s wishes.[1]

LEGAL FOUNDATIONS OF SELF-DETERMINATION

The right to self-determination is an important part of international law. It is recognized in different legal documents, including the United Nations (UN) Charter, human rights treaties, and UN resolutions. These documents support the idea that people should have the right to decide how they are governed and shape their own future. They provide guidance for countries and international organizations when dealing with self-determination issues.[2]

 UN Charter (1945): The United Nations (UN) Charter, created in 1945, was one of the first international agreements to recognize self-determination. It describes self-determination as a key principle that helps keep peace and good relations between countries. Article 1(2)[3] of the UN Charter says that one of the main goals of the UN is to encourage friendly relations between countries based on “equal rights and self-determination of peoples.” This means that people should have the right to govern themselves rather than being ruled by outsiders. The UN believes that when people can make their own choices, there is less chance of war and conflict. Article 55 of the Charter explains that the UN should help improve the economic, social, and political conditions in different countries so that people can freely decide their own future. This shows that self-determination is not just about politics—it is also connected to economic development and human rights.[4]

Universal Declaration of Human Rights (1948): The Universal Declaration of Human Rights (UDHR), approved in 1948[5], does not directly mention self-determination, but it supports the idea. It states that all people are born free and equal, and they have the right to take part in the government of their country. These ideas are important for self-determination because they mean that people should be able to choose how they are governed.

Human Rights Treaties (1966)[6]: Two important international agreements—the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR)—were created in 1966.[7] These treaties explain self-determination in more detail and make it a legally recognized right. Both agreements contain Article 1, which says, “All peoples have the right to self-determination.” This means that every group of people has the right to decide their political future and control their own economic, social, and cultural development. This rule also says that no country should prevent a group of people from exercising this right.

UN General Assembly Resolutions: The UN General Assembly has passed several important resolutions that clarify how self-determination should be applied, especially for people under colonial rule.One of the most important resolutions is the Declaration on the Granting of Independence to Colonial Countries and Peoples (Resolution 1514, 1960)[8]. This resolution was a turning point in world history because it stated that all people have the right to self-determination and that colonial rule must end. It played a big role in helping many African, Asian, and Caribbean nations gain independence from European powers. Another resolution is the Principles of Friendly Relations (Resolution 2625, 1970)[9]. This resolution explains that self-determination should not be used to break apart stable countries unless the government is denying people their basic rights. This helps balance self-determination with the need to keep countries united and peaceful.

SELF-DETERMINATION AND DECOLONIZATION

Self-determination was an important factor in decolonization, which is when many countries in Africa, Asia, and the Caribbean gained independence from European control. For hundreds of years, European countries ruled over large parts of the world, making decisions for the people in those regions. But after World War II, the idea that people should govern themselves grew stronger. With support from organizations like the United Nations (UN), many of these countries gained independence and set up their own governments.

Before the 20th century, many strong countries believed they had the right to control other regions. But as the idea of self-determination spread, people in these regions began to demand their freedom. The UN Charter (1945) recognized self-determination as an important rule and encouraged countries to allow people to choose their own leaders.[10]

One of the most important steps in decolonization was UN General Assembly Resolution 1514 (1960), which said that colonial rule was wrong and that all people should have the right to decide their own future. This made many countries push for independence, and many countries in Africa, Asia, and the Caribbean became independent in the 1950s, 1960s, and 1970s.

However, not all of these movements were peaceful. Some countries gained independence through talks, but in other places, people had to fight hard to win freedom. Even after independence, some countries faced problems like wars, poverty, and political issues as they tried to rebuild.[11]

CASE STUDIES

1. India and Pakistan (1947)

One of the most famous examples of self-determination leading to independence is India and Pakistan in 1947. India had been ruled by Britain for almost 200 years. In the early 1900s, leaders like Mahatma Gandhi and the Indian National Congress pushed for freedom with peaceful protests. At the same time, the Muslim League, led by Muhammad Ali Jinnah, asked for a separate country for Muslims.

After World War II, Britain couldn’t afford to keep ruling over India. There was a lot of pressure for Britain to give India its freedom. In 1947, British India was divided into two countries: India and Pakistan.

The process, called Partition, caused a lot of violence between Hindus and Muslims, and millions of people had to move to the new countries based on their religion. While India and Pakistan’s independence was a big win for self-determination, the conflict over Kashmir still causes problems today.

2. African Decolonization Movements (1950s–1970s)

In the 1950s to 1970s, many African countries gained independence from European powers like Britain, France, Belgium, and Portugal.

During colonial times, European countries controlled much of Africa, often treating people unfairly. As the idea of self-determination spread, African nations began to fight for their independence, many through nationalist movements.

Some countries gained independence peacefully, like Ghana, the first African country to gain independence from Britain in 1957 under Kwame Nkrumah. Others, like Nigeria (1960) and Kenya (1963), also became independent after peaceful talks.

But in many places, independence came after long and violent struggles. In Algeria, people fought a brutal war against French colonial rule from 1954 to 1962. Similarly, Angola, Mozambique, and other countries had to fight to win freedom from Portugal in the 1970s.

A big challenge for many African countries was the borders drawn by colonial powers. These borders often divided people from the same cultural or ethnic groups. After independence, this caused tensions and conflicts between different groups. For example, in Nigeria, different ethnic groups fought for control, and in Biafra (a region in Nigeria), a civil war broke out when some people wanted to create a separate country.[12]

Despite these struggles, the independence of many African countries was a major achievement for self-determination. It allowed these countries to rule themselves and control their resources. Many African nations still face challenges, such as poverty, political instability, and conflict.

SELF-DETERMINATION AND SECESSIONIST MOVEMENTS

Self-determination can lead to secession movements, where a region or group of people wants to separate from a larger country to form its own independent nation. While the right to self-determination is accepted in international law, the right to secede is much more complicated. Secession is not always seen as legal or acceptable, and each situation is different.

International law does not give a clear and easy way for regions to secede. The right to self-determination lets people decide their own future, but secession is usually only considered lawful in certain cases:

Colonial Rule: If a region is under colonial control, it can often gain independence through secession. This was the case for many countries in Africa and Asia after World War II.

Serious Oppression: If a group of people is treated unfairly or their rights are denied, they might have the right to secede. However, this is not always accepted, and it depends on the situation.

Agreement or Negotiation: Sometimes, a region can separate from a country peacefully if both sides agree. This can happen through discussions, referendums, or treaties.

Even so, in many cases, countries do not allow regions to break away because they want to keep their territorial integrity. This makes secession a difficult issue.

CASE STUDIES

1. Bangladesh (1971) – Successful Secession

A well-known example of successful secession is Bangladesh in 1971. Before that, Bangladesh was called East Pakistan and was part of Pakistan. But people in East Pakistan felt ignored and treated unfairly by the government in West Pakistan. Tensions grew, and when East Pakistan won an election, the government in West Pakistan refused to accept the results[13]. This caused protests and violence. The situation led to a war, and with support from India, East Pakistan declared independence and became Bangladesh in 1971. After a short war, Bangladesh’s independence was recognized worldwide, and the country became a new nation.[14]

2. Quebec Referendum (1995) – Peaceful Self-Determination Attempt

In 1995, the province of Quebec in Canada held a referendum to decide whether it should become an independent country. Quebec has a French-speaking population and has always had a different culture from the rest of English-speaking Canada. Some people in Quebec wanted more control over their own affairs, and some wanted full independence. The referendum was peaceful, but in the end, 50.6% of voters chose to stay part of Canada, and 49.4% voted for independence. Even though Quebec did not become independent, the vote showed that many people in the province wanted more freedom. The process was peaceful and respectful of democracy.[15]

3. Catalonia (2017) – Contested Self-Determination Claim

In 2017, the region of Catalonia in Spain tried to hold a referendum to declare independence. Catalonia has its own language and culture and has long wanted more freedom from the Spanish government. The referendum, however, was declared illegal by the Spanish government. Despite this, many people in Catalonia voted for independence. The Spanish government did not allow the referendum to go forward and took control of Catalonia’s local government. They arrested and charged leaders who wanted independence. Most countries did not support Catalonia’s independence, and Spain has refused to accept it. This situation is still a debate in Spain today.[16]

4. Kosovo (2008) – Controversial Recognition

The case of Kosovo shows another example of secession. Kosovo was a province of Serbia, but it had a majority ethnic Albanian population. In 1999, after a conflict, NATO stepped in, and Kosovo came under the control of the United Nations. In 2008, Kosovo declared itself independent from Serbia. Many countries, including the United States and some European nations, recognized Kosovo as an independent country. Serbia and other countries, like Russia and China, refused to recognize it. Kosovo’s independence remains a point of conflict, with countries still debating whether it should be recognized as a sovereign state.[17]

CONTEMPORARY CHALLENGES TO SELF-DETERMINATION

Even though self-determination is recognized in international law, there are still many challenges to applying it today. These challenges happen in different situations, such as with indigenous peoples, regions wanting independence, and the role of international organizations in helping solve these disputes. Let’s look at these challenges more simply.

Indigenous peoples face big challenges when it comes to self-determination. For many of these groups, self-determination means being able to make decisions about their land, culture, and politics. However, these rights are often ignored by governments or businesses, especially when it comes to controlling their land or resources.

Many indigenous groups were forced off their lands during colonization or because of government policies. Today, they struggle to keep their culture alive and have a say in political decisions that affect their lives. International laws, like the United Nations Declaration on the Rights of Indigenous Peoples, support the rights of these people to self-determination. This includes their right to control their lands and make decisions about their future. But in many cases, their rights are still not respected, and they face resistance from national governments or companies wanting to use their lands for profit. For example, indigenous people in Canada, Australia, and Brazil have fought to protect their land rights and culture. For these groups, self-determination means more than just political independence—it’s about being recognized and being able to make decisions about their lives.

Self-determination isn’t just about ending colonial rule. It also applies to groups of people within countries who want more control over their own affairs. These groups might want more independence or greater political power. However, the main challenge is that countries often want to keep control over all their regions and resist letting parts of the country break away. For example, regions like Catalonia in Spain or Scotland in the United Kingdom have held votes to see if they should become independent. While some people in these regions want independence, the national governments usually oppose these moves because they want to maintain their territorial integrity.

Another example is the Kurdish people, who live in several countries like Turkey, Iraq, Syria, and Iran. The Kurds have long fought for their own country or more autonomy, but their efforts have often led to conflict. The challenge is finding a way for these people to have self-determination while respecting the unity of the countries they live in. In these cases, self-determination is about cultural rights, language, and political autonomy. The challenge for international law is to figure out how to balance these desires with the need for countries to stay united.

International organizations like the United Nations (UN) play a big role in resolving disputes over self-determination. The UN believes that people have the right to decide their political future, but it also supports the idea that countries should keep their borders and land intact. The UN has helped in some self-determination situations, like organizing referendums (votes) for independence. For example, East Timor became independent in 2002, and South Sudan did so in 2011, both with the help of the UN.[18]

The UN’s role is limited when the government of a country does not agree with the move for independence. A good example is Kosovo. In 2008, Kosovo declared independence from Serbia. Some countries, like the United States and most of Europe, accepted Kosovo as an independent country, but others, including Serbia, did not. The UN could not resolve this conflict, and Kosovo’s status is still disputed.[19]

Other international organizations, like the European Union (EU), African Union (AU), and Organization of American States (OAS), also try to help manage self-determination conflicts. They offer support, encourage talks, and sometimes try to find peaceful solutions. But they can’t always solve these issues, especially when one side does not agree. These organizations often face challenges because they need to find a balance between allowing self-determination and respecting a country’s right to keep its borders.

CONCLUSION

The right to self-determination is an important part of international law. It gives people the right to make their own decisions about their political, social, and cultural futures. This right has played a major role in helping countries gain independence, especially after the end of colonial rule. Today, it is still important in cases where regions or groups want more control over their own affairs, whether it’s in a country that used to be a colony or within a country that wasn’t colonized.

From what we’ve looked at, we can see that self-determination comes in two main forms: internal self-determination, where groups can manage their own political and social systems within a state, and external self-determination, which involves creating a new independent country. While self-determination is widely accepted in international law, it can sometimes clash with the idea of state sovereignty, which means a country’s right to keep its territory and borders safe. There have been cases where regions successfully became independent, like Bangladesh in 1971 or South Sudan in 2011. But there are also cases, such as Kosovo and Catalonia, where self-determination caused disputes and even conflict.

Looking ahead, the future of self-determination will likely continue to grow, as more groups ask for greater freedom or independence. As the world becomes more connected, there will likely be more pressure on governments to give people more control over their lives. However, the challenge will still be finding a balance between allowing people to determine their own futures and making sure countries remain stable and united.

To balance self-determination and state sovereignty, it is important for international organizations, like the United Nations, to help mediate and guide peaceful discussions when these issues come up. Instead of jumping straight to conflict or making quick decisions, countries and groups should be encouraged to talk and find solutions together. The voices of everyone, especially indigenous peoples and smaller groups, should be heard and included in these conversations.

In the future, self-determination should be understood as more than just about forming new countries. It also includes protecting cultural identity, land, and the economic rights of all people. By seeing self-determination in this wider way, we can help ensure it leads to fairness and justice for all groups. Self-determination is still a powerful idea, and while it can be complicated, there’s a chance to find peaceful solutions. By focusing on talking, understanding human rights, and working together, we can find a way to respect both the right to self-determination and the need for countries to stay stable.

REFERENCES

1. Crawford, J. (2006). The Creation of States in International Law. Oxford: Oxford University Press.
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4. Nkrumah, K. (1957). Ghana: The Autobiography of Kwame Nkrumah. London: Thomas Nelson and Sons.
5. Rawls, J. (1999). The Law of Peoples. Cambridge: Harvard University Press.
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16. International Covenant on Economic, Social and Cultural Rights (1966). Available at: [UN Official Website].

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[1] Zubeida Mustafa, The Principle of Self-Determination in International Law, 5 INT’L L. 479 (1971), available at https://scholar.smu.edu/cgi/viewcontent.cgi?params=%2Fcontext%2Ftil%2Farticle%2F4243%2F&path_info=44_5IntlL479_1971_.pdf.

[2] Legal Aspects of Self-Determination, Princeton University (2021), available at https://pesd.princeton.edu/node/511.

[3] United Nations Charter, 1945, Article 1(2).

[4] The Right to Self-Determination in the United Nations Charter, UN Digital Library (2021), available at https://digitallibrary.un.org/nanna/record/25252/files/E_CN.4_Sub.2_404_Rev.1-EN.pdf?withWatermark=0&withMetadata=0&registerDownload=1&version=1.

[5] Universal Declaration of Human Rights, 1948.

[6] International Covenant on Civil and Political Rights, 1966, Article 1.

[7] International Covenant on Economic, Social and Cultural Rights, 1966, Article 1.

[8] UN General Assembly Resolution 1514 (1960), Declaration on the Granting of Independence to Colonial Countries and Peoples.

[9] UN General Assembly Resolution 2625 (1970), Principles of Friendly Relations.

[10] J. M. C. H. Devaney, Self-Determination, Decolonization and Territory, in The Oxford Handbook of International Law in Asia and the Pacific (2019), available at https://academic.oup.com/book/10272/chapter-abstract/296249907?redirectedFrom=fulltext&login=false.

[11] Antonio Cassese, Decolonization and Self-Determination, Social Philosophy and Policy, 2021, available at https://www.cambridge.org/core/journals/social-philosophy-and-policy/article/decolonization-and-selfdetermination/A5E1F0CE272476C91C15E1BB82CF4A4F.

[12] M. A. R. Duffy, Decolonizing Self-Determination: Haudenosaunee Passports and Indigenous Rights, SAGE Open, 2021, available at https://journals.sagepub.com/doi/full/10.1177/13540661211024713.

[13] 1971 Liberation War, Birth of Bangladesh and Comparison with Present-Day Pakistan, European Foundation for South Asian Studies, https://www.efsas.org/publications/research-dossiers/1971-liberation-war,-birth-of-bangladesh-and-comparison-with-present-day-pakistan/ (last visited Jan. 30, 2025).

[14] The Independence of Bangladesh in 1971, The National Archives, https://www.nationalarchives.gov.uk/education/resources/the-independence-of-bangladesh-in-1971 (last visited Jan. 30, 2025).

[15] Québec Referendum (1995), The Canadian Encyclopedia, https://www.thecanadianencyclopedia.ca/en/article/quebec-referendum-1995

[16] Catalonia’s 2017 Independence Referendum: A Timeline, Catalan News, https://www.catalannews.com/in-depth/item/catalonias-2017-independence-referendum-a-timeline

[17] International Court of Justice, Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, 22 July 2010, para. 82, available at https://corteidh.or.cr/tablas/r27634.pdf.

[18] United Nations, Indigenous Peoples | The Challenges They Face (2021), available at https://www.un.org/en/fight-racism/vulnerable-groups/indigenous-peoples.

[19] United Nations, Discussion Paper on Indigenous Peoples’ Autonomy and Self-Determination (2022), available at https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2022/04/backgroundpaper-virtual-regional-dialogues.pdf.

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