THE RIGHT OF SELF-DETERMINATION IN INTERNATIONAL LAW TOWARDS THE 40th ANNIVERSARY OF THE ADOPTION OF ICCPR AND ICESCR

Year 2005, Volume: 10 Issue: 4, 115 - 146, 01.01.2005

Burak Cop Doğan Eymirliolu

Abstract

The principle of self-determination of peoples has been subject to a conceptual evolution which began in post-Second World War era and acceleratedin 1960’s due to the decolonization process. This evolution pertains to thetransformation of self-determination which was firstly conceived as a politicalprincipal to a peremptory legal norm, i.e. jus cogens. The adoptions ofICCPR and ICESCR constitute important milestones in this regard. In fact,the evolution of principle of self-determination does not have ended. As oftoday, the “internal” aspect of this norm is much more emphasized, and assuch, goes beyond the classical/post-colonial context. Furthermore, it isargued by many leading scholars that, even the secession can be legitimatein case of lack of materialization of internal self-determination

Keywords

Self-determination , ICCPR and ICESCR , “Uti possidetis” , Secession , Internal Self-Determination , Territorial Integrity.