The Right to Self-Determination in International Law (From Independence to Democracy)

Abstract

According to international law, peoples possess the right to self-determination, which entitles them to freely determine their political status and to pursue their economic, social, and cultural development. However, the legal institutionalization and international legislation of this value became manifest after World War I and in the Treaty of Versailles. At the same time, the implementation of this right continues to face obstacles and limitations, such as the preservation of the territorial integrity of states, the principle of non-intervention in the internal affairs of states, the prohibition of secessionism, and above all, the maintenance of international peace and security. On the other hand, the growing emphasis on human rights and their universality has led to major transformations in the domain of the concept and implementation of this right, resulting in tensions between human rights and state sovereignty. Since the 1970s, the right to self-determination has increasingly come to embody the notion of democratic governance, the observance of human rights, and the protection of minority rights. The primary objective of this article is to explore the conceptual transformations, implications, and requirements of the right to self-determination, from independence to democracy, drawing upon the most recent studies in this field.