Problem 1
What is (internal & external) self-determination and
what are the conditions thereof?
Self-determination contains that all peoples have the right to freely determine for
themselves their political status, and pursue their economic, social and cultural
development. Until 1945, the right to self-determination was not a fundamental right, but
during the decolonization process after WWII, it became more important.
The right to self-determination can be found in article 1 of the UN Charter, and numerous
resolutions from the General Assembly.
The right to self-determination is an essential principle of international law, and has an erga
omnes character, meaning everyone benefits from it.
The most controversial aspect of the right to self-determination is that it extends to a right
to secede from an existing state in the absence of acceptance by the government of the
‘mother-state’.
Internal self-determination: A people can pursue their political, economic, social and
cultural development within the framework of an existing state.
External self-determination: The creation of an own state, also known as seceding. People
who find themselves subjugated, dominated and exploited can exercise the right to external
self-determination. Conditions:
- A people must be colonized
- A people must be subjugated, dominated and exploited by alien government
International stability prefers keeping territorial integrity of a ‘mother-state’ intact. This
point of view can be found in a so-called safeguard clause, introduced in the General
Assembly’s 1970 Declaration on Friendly Relations. Secession cannot take place in a state
where the government represents the whole of a people.
Two remarks on self-determination:
1. An affirmed right to external self-determination doesn’t need to lead to a claim for
secession. A people may also decide that their interests as a people are best served
by remaining within an existing state.
2. International law does not prevent a mother-state from consenting to the secession
of part of its territory.
What is (internal & external) self-determination and
what are the conditions thereof?
Self-determination contains that all peoples have the right to freely determine for
themselves their political status, and pursue their economic, social and cultural
development. Until 1945, the right to self-determination was not a fundamental right, but
during the decolonization process after WWII, it became more important.
The right to self-determination can be found in article 1 of the UN Charter, and numerous
resolutions from the General Assembly.
The right to self-determination is an essential principle of international law, and has an erga
omnes character, meaning everyone benefits from it.
The most controversial aspect of the right to self-determination is that it extends to a right
to secede from an existing state in the absence of acceptance by the government of the
‘mother-state’.
Internal self-determination: A people can pursue their political, economic, social and
cultural development within the framework of an existing state.
External self-determination: The creation of an own state, also known as seceding. People
who find themselves subjugated, dominated and exploited can exercise the right to external
self-determination. Conditions:
- A people must be colonized
- A people must be subjugated, dominated and exploited by alien government
International stability prefers keeping territorial integrity of a ‘mother-state’ intact. This
point of view can be found in a so-called safeguard clause, introduced in the General
Assembly’s 1970 Declaration on Friendly Relations. Secession cannot take place in a state
where the government represents the whole of a people.
Two remarks on self-determination:
1. An affirmed right to external self-determination doesn’t need to lead to a claim for
secession. A people may also decide that their interests as a people are best served
by remaining within an existing state.
2. International law does not prevent a mother-state from consenting to the secession
of part of its territory.
