SELF-DETERMINATION AS A COLLECTIVE HUMAN RIGHT : AN APPRAISAL

This article provides a critical appraisal of the right to self-determination as a collective human right in international law. It traces the evolution of the concept from its origins as a political principle to its codification in the United Nations Charter and key human rights covenants. The study distinguishes between the "external" dimension of self-determination (the right of colonized peoples to independence) and its more controversial "internal" dimension (the rights of minorities and indigenous peoples within existing states). The research analyzes the inherent tension between the principle of self-determination and the principle of the territorial integrity of states. Through an examination of state practice and UN resolutions, the paper assesses the legal status and practical application of this right. It concludes that while the right to self-determination for colonial peoples is well-established, its application to groups within sovereign states remains one of the most complex and contested issues in contemporary international law.

The right of peoples to self-determination is a foundational principle of the post-1945 international order, yet its precise meaning and scope remain highly contested. This paper provides a thorough legal and political appraisal of this collective human right. The analysis begins by tracing the intellectual and historical lineage of the principle, from Woodrow Wilson's Fourteen Points to its enshrinement in Article 1 of the International Covenants on Human Rights. The study then carefully distinguishes between the two primary interpretations of the right. The first, "external self-determination," refers to the right of peoples under colonial rule or foreign occupation to achieve statehood, a principle that drove the decolonization process and is now widely accepted as a norm of jus cogens. The second, and far more contentious, is "internal self-determination," which concerns the rights of distinct groups within an existing sovereign state, ranging from autonomy and cultural rights to, in its most extreme form, a right to secession. The core of the paper is an examination of the fundamental conflict between this right and the principle of state sovereignty and territorial integrity, which is also a cornerstone of the UN Charter. The findings suggest that international law has been very restrictive in recognizing a right to secession outside the colonial context, fearing that it would open a Pandora's box of endless conflict. The paper concludes that the future evolution of this right will depend on the ongoing struggle to balance the legitimate aspirations of peoples for self-government with the international community's overriding interest in stability.