This essay endeavors to study the growth of self-determination through the course of its genesis in ancient political thought to its evolution as a human right in modern times. The topic encompasses the various aspects of state sovereignty versus territorial integrity, the people who are entitled to this privilege & how self-determinism survived the anarchic cold war epoch & the onset of globalization to transform itself as a tool to achieving the truest form of democracy & giving the indigenous, minority peoples their identity. It seeks to characterize the concept of self-determinism in the context of it being a peremptory norm of International law, & a human right that is universal in nature. While the topic focuses on the socio-political aspect of the concept, it has also sought to investigate the psychological motivation of the people who claim their right to self-determination, in order to construct an unbiased, wholesome view of a concept that is mired in conflict between national self-determination & territorial integrity. The essay adopts a fresh, approach by reviewing the provisions of various charters & international instruments, as well as exemplifying the right to self-determination with reference to relevant case studies & treaties in the post colonial era; with due emphasis laid on its evolving nature in the context of globalization in modern times. Keywords: Self-determinism. Art.1 of the United Nations charter. Peremptory norm. Jus cogens. Erga omnes. Territorial integrity. West-Saharan case. Vox populi. Effects of globalization on self-determinism. Right to secession. Kirby definition. Psychological aspects of self-determinism. Palestine’s right to self-determinism. Oslo accords. Baguio declaration.
Table of Contents
- The Philosophy of Self-determinism
- A - The Recognition & Rise of Self-determinism
- B - Peremptory Norm of International law & ‘Erga omnes’
- C - Self-determinism in the Post-Colonial era & effects of Globalization
- I. Internal, External aspects of self-determinism & the Right to Secession
Objectives and Key Themes
This essay aims to explore the evolution of self-determination from its origins in ancient political thought to its modern status as a human right. It examines the interplay between state sovereignty and territorial integrity, focusing on who is entitled to this right and how it has navigated the Cold War and globalization. The essay also considers the psychological motivations behind claims to self-determination.
- The historical development of self-determination.
- The legal status of self-determination as a peremptory norm of international law.
- The relationship between self-determination, state sovereignty, and territorial integrity.
- The impact of globalization on self-determination.
- The psychological dimensions of self-determination claims.
Chapter Summaries
The Philosophy of Self-determinism: This chapter establishes self-determination as a fundamental human right rooted in the concept of free will, tracing its presence in ancient civilizations and highlighting its recognition in the UN Charter and international covenants. It emphasizes self-determination as the core principle of human rights, intrinsically linked to international law and the inherent desire for freedom.
A - The Recognition & Rise of Self-determinism: This section details the historical growth of self-determination, citing the contributions of Wilson, Lenin, and Stalin. It traces how the concept evolved, particularly in the context of decolonization following World War II, with the UN Charter enshrining the right to self-determination and challenging the prevailing colonial system. The chapter highlights the shift from self-determination as a principle to a legally recognized right.
B - Peremptory Norm of International law & ‘Erga omnes’: This chapter examines the legal evolution of self-determination, establishing its status as a peremptory norm (jus cogens) of international law and an obligation erga omnes (towards all). It cites relevant cases such as the 1928 Pablo Najera case and the 1934 Oscar Chinn case, showcasing the legal weight and universal applicability of the right. The chapter underscores the binding nature of this right for all states regardless of treaties.
C - Self-determinism in the Post-Colonial era & effects of Globalization: This section analyzes the challenges to self-determination in the post-colonial era despite international recognition. It contrasts the idealized principle with the realities of political rhetoric, particularly concerning marginalized groups vulnerable to globalization's negative impacts. The chapter examines how the international community seeks to balance cooperation with the right of indigenous minorities to self-determination, using examples such as the Tibetans and the peoples of West Sahara.
I. Internal, External aspects of self-determinism & the Right to Secession: This chapter distinguishes between internal and external self-determination. Internal self-determination focuses on achieving autonomy within an existing state, while external self-determination encompasses the right to secede and determine the state's relationship with other states. It emphasizes the need to balance the right to self-determination with the maintenance of peaceful international relations. The chapter highlights the complexities and potential conflicts involved in applying this right in diverse contexts.
Keywords
Self-determination, human rights, international law, jus cogens, erga omnes, state sovereignty, territorial integrity, decolonization, globalization, right to secession, indigenous peoples, UN Charter.
Frequently Asked Questions: A Comprehensive Language Preview on Self-Determinism
What is the main topic of this text?
This text is a comprehensive language preview covering the concept of self-determinism. It explores its philosophical underpinnings, historical development, legal status within international law, challenges in the post-colonial era and the impact of globalization, and the distinction between internal and external self-determination.
What are the key themes explored in this text?
The key themes include the historical development of self-determination, its legal status as a peremptory norm of international law, the relationship between self-determination, state sovereignty, and territorial integrity, the impact of globalization on self-determination, and the psychological dimensions of self-determination claims.
What is the structure of the text?
The text is structured into sections: a table of contents, objectives and key themes, chapter summaries (covering the philosophy of self-determination, its recognition and rise, its status as a peremptory norm, its challenges in the post-colonial era and the effects of globalization, and internal vs. external aspects and the right to secession), and finally, a list of keywords.
What is the historical context of self-determination discussed in this text?
The text traces the historical development of self-determination from its roots in ancient political thought to its modern recognition as a human right. It highlights key figures like Wilson, Lenin, and Stalin, and examines its evolution within the context of decolonization after World War II and its enshrinement in the UN Charter.
What is the legal status of self-determination according to this text?
The text establishes self-determination as a peremptory norm (jus cogens) of international law and an obligation erga omnes (towards all). It emphasizes its binding nature for all states, regardless of treaties, and cites relevant cases such as the 1928 Pablo Najera case and the 1934 Oscar Chinn case to support this.
How does globalization affect self-determination?
The text analyzes the challenges to self-determination in the post-colonial era due to globalization. It examines how the international community attempts to balance cooperation with the right of indigenous minorities to self-determination, using examples like Tibetans and the people of West Sahara. The negative impacts of globalization on marginalized groups are also discussed.
What is the difference between internal and external self-determination?
The text distinguishes between internal self-determination (achieving autonomy within an existing state) and external self-determination (the right to secede and determine the state's relationship with other states). It highlights the complexities and potential conflicts arising from applying this right in various contexts and the need to balance it with maintaining peaceful international relations.
What are some key terms related to self-determination?
Key terms discussed include self-determination, human rights, international law, jus cogens, erga omnes, state sovereignty, territorial integrity, decolonization, globalization, right to secession, indigenous peoples, and UN Charter.
What is the overall objective of this text?
The essay aims to explore the evolution of self-determination, the interplay between state sovereignty and territorial integrity, who is entitled to this right, how it navigated the Cold War and globalization, and the psychological motivations behind claims to self-determination.
- Quote paper
- Andrea Johnson (Author), 2010, How Self Determinism has changed, Munich, GRIN Verlag, https://www.grin.com/document/387037
