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Self-determination: Time for a Re-Assessment?

Published online by Cambridge University Press:  21 May 2009

Robin C.A. White
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Extract

The question of defining self-determination and of determining the legitimacy of claims of self-determination have been issues which have exercised the minds of international lawyers and political scientists for many years. A considerable literature and diversity of views has resulted. From the reference in Articles 1(2) and 55 of the United Nations Charter to the development of “friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples” has sprung a whole body of United Nations and state practice in a number of widely differing situations. The main focus of activity has been in the area of decolonisation and this development has practically eclipsed Chapters XI–XIII of the Charter, which were clearly intended to deal with the emancipation of non-self-governing and trust territories. The seventeen words of Articles 1(2) and 55 have been elaborated in the 1970 Declaration on Friendly Relations. It is no overstatement to say that the elaboration of the principle of self-determination in the 1970 Declaration provides the cornerstone of the United Nations approach to the concept. The Declaration was the result of seven years work by a Special Committee and was adopted on a consensus vote. It is generally regarded as being normative in character by virtue of its elaboration of essential Charter principles. This elaboration seeks to state the nature of the right in general terms and to deal with the application of the rule in certain contexts; it is concerned primarily with decolonisation and with limiting claims to secession.

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Articles
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Netherlands International Law Review , Volume 28 , Issue 2 , August 1981 , pp. 147 - 170
Copyright
Copyright © T.M.C. Asser Press 1981

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References

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5. This theme is elaborated below.

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9. GA Res. 1541 of December 15, 1960, 15 UNGAOR Supp. (No. 16), 29, UN Doc. A/4684 (1960). This resolution was expressly concerned with the implementation of Art. 73.

10. See GA Res. 1654 of November 27, 1961, 16 UNGAOR Supp. (No. 17), 65, UN Doc. A/5100 (1961); for a criticism see the comments of the United States representative on the Committee reproduced in 13 Whiteman 717–20.

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33. See SC Res. 216 of November 12, 1965, 20 UNSCOR Resolutions and Decisions 1965, (1967) 8.

34. See GA Res. 31/6 of October 26, 1976, 31 UNGAOR Supp. (No. 39), 10, UN Doc. A/31/39 (1976).

35. SC Res. 232 of December 16, 1966, 21 UNSCOR Resolutions and Decisions 1966 (1968) 7; SC Res. 253 of May 29, 1968, 23 UNSCOR Resolutions and Decisions 1968 (1970) 5.

36. See SC Res. 418 of November 4, 1977, 32 UNSCOR, Resolutions and Decisions 1977 (1978)5.

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43. 7 UN Monthly Chronicle (Feb. 1970) 36.

44. See Crawford, 115–7.

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46. Buchheit, 222.

47. Buchheit, 216–245 and Appendix 2.

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49. GA Res. 3281 of 12 December, 1974, 29 UNGAOR Supp. (No. 31), 50, UN Doc. A/9631 (1974).

50. In the case of isolated island groups independence for the islands is an inevitable outcome given the geographic facts; recognition of such special circumstances would prevent dangerous generalisations.

51. The term “inhibitions” is intended to indicate that they do not operate as legal barriers to statehood.

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54. Supra n. 18.

55. But Nauru has not applied for membership of the United Nations.

56. Suggestions that economic viability might be a condition of secession appear with considerable frequency: see, e. g., Nanda, supra n. 53; Broderick, supra n. 11; and Buchheit, 152 and 213.

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58. Ibid., 211.

59. Moore, , “Towards an Applied Theory for the Regulation of Intervention,” in Law and Civil War in the Modern World (Moore, J. ed. 1974) 3, 26Google Scholar.

60. Indeed at one point the very inclusion of the articles was a matter of contention. For a convenient summary of the debates, see Buchheit, 76–85.

61. See Art. 27 of the International Covenant on Civil and Political Rights. See also, under the European Convention on Human Rights, the Belgian Linguistics Case, 6 ECHR Ser. A, Judgment of July 23, 1968.

62. Blix, H., Sovereignty, Aggression and Neutrality (1970) 13–14Google Scholar.

63. There is some evidence of concern over the issue in the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. See Humphrey, , “The United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities.” 62 AJIL (1968) 869Google Scholar. See also Yearbook of the United Nations 1977, 730–1; 14 UN Monthly Chronicle, Aug.–Sept. 1977, 43 and 17 UN Monthly Chronicle, Nov. 1980, 51.