Monday, October 7, 2019

Is there a right to self-determination outside of the context of Essay

Is there a right to self-determination outside of the context of decolonisation - Essay Example The United Nations has created the rights of self-determination as a privilege of peoples under alien and colonial dominations. The right of self-determination is not available to peoples who live in an organised form of a State, which is neither under the control of alien or colonial influence as the UN resolution 1514(XV)4 bar any initiative intended to disrupt either partially or totally the national unity or territorial integrity of a nation. Thus, self-determination means that states and their subjects have the privilege to liberate themselves from foreign domination. If any state is under foreign domination or controlled by foreign powers can exercise the right to self-determination and thus, they have the right to oust the invaders and reinstate independence. However, self-determination may occur outside of the context of decolonisation in situations like human rights violation, oppression of minority and indigenous people’s rights5. This research essay will analyse in detail the circumstances in which determination may occur outside of the context of decolonisation in detail. ... Thirdly, the privilege of people to secede. Fourthly, to decide their constitution, this includes their autonomous status. Finally, the privilege to persue democracy. The first three categories mentioned above will fall under external feature of self-determination whereas the last two are known as the internal aspect of self-determination6. The two Covenants to the Self-determination (International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESC) 7, and the UN General Assembly Resolutions 1514 and 26258 , acknowledged the right of all peoples to self-determination, which is restricted to colonial scenarios or only to colonial people. However, there are situations where self-determination has been acknowledged as applicable outside the background of decolonisation9. Despite the fact that UN General Assembly lacks the authority to enact any laws , legal experts accept that its resolutions can become customary inte rnational law.It is to be noted that Article 73 (Declaration Regarding Non-Self-Governing States) of the UN Charter is regarded as ascertaining self-determination as a principle of international law. Thus, by virtue of Article 73, UN resolutions 1514 and 2625 attain Customary International Law status10. The right of self-determination should be acknowledged outside the colonial background also. Self-determination as a basic right is to be applicable to all people and should not be restricted to those people with the historical background. It would be irrational to grant the rights of self-determination to some groups and to refute it to others. Thus, to acknowledge the privilege of secession for group of people with the colonisation background and to refute this

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