Self determination right in International Law explained
Self-determination International Law explained by Hesham Elrafei
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Self-determination, International Law visualized.
Self-determination is the people's right to freely express their will, and to choose their sovereignty and political status with no interference. It includes the people's right to self-government, whether through creating a new state, association in a federal state, or integration with another.
Respect for the people's right to self-determination is one of the purposes of the United Nations. It is one of the principles of customary international law, and was codified in various international treaties, like the UN Charter, and the International Covenant on Civil and Political Rights.
The principle was first introduced in the context of decolonization, and later developed as a response to the evils of colonialism, as international support stood up for the right of all people to self-determination in the 20th century.
This led to secessionist movements during and after the world wars, and laid the groundwork for decolonization in the 1960s.
However, several General Assembly Resolutions and state practice, have extended its application beyond the colonial context.
Self-determination is now regarded as a peremptory norm of international law, and the obligations flowing from the principle of self-determination, have been recognised as erga omnes, which means that it is the responsibility of all states, and the international community as a whole, to secure that this right is realized.
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