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VOL. 5, ISSUE 4 (2023)
A theoretical balance for self-determination of people in international law
Authors
Chibike Oraeto Amucheazi, Ezeumunna Nkemdilim Lilian
Abstract
The principle of self-determination has been subject to a conceptual
evolution with an eventual legal grounding as a peremptory legal norm. Yet,
although the United Nations adopted the right as expressed in the UN Charter,
there is still reluctance on the part of states to honor or implement the right
where it is justified. The internal aspect of self-determination is today much
more emphasized and several states seem to find no rationale for permitting the
secession of a people from a sovereign state. It is reasoned that the legal
dynamics of self-determination motivates no political resolve to respect the
law as a right. In order to maintain its validity, the concept of
self-determination should be appreciated from a theoretical perspective in
order to give meaning to it within the human right context. This work
therefore, using the doctrinal research method, examines certain theories that
justify self-determination as a human right that accrues to a people. It finds
that there are justifications for the laws on self-determination which enables
a people to exercise the right to form a new state in certain strict
circumstances.
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Pages:41-45
How to cite this article:
Chibike Oraeto Amucheazi, Ezeumunna Nkemdilim Lilian "A theoretical balance for self-determination of people in international law". International Journal of Law, Policy and Social Review, Vol 5, Issue 4, 2023, Pages 41-45
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