Evolution of right to self determination under international law a study

Abstract

There is no absolute legal criterion for the claim under principle of self determination. With the end of Second World War in 1945 and the rise of United Nations, the United Nations Charter was adopted. Article 1(2) of the Charter says that one of the organization s purposes is the development of friendly relations among nations based upon respect for principle of equal rights and self determination. The confusion regarding the concept of self determination also finds its origins here as some states believe it just to be a generally applied word as opposed to a binding right. Even the International Court of Justice can exercise its advisory jurisdiction over the claims presented before it regarding this issue. Mainly, lack of a legally binding force and structural organization to execute the decisions regarding the claims makes it more difficult to exercise the principle of self determination. newlineThe principle of self-determination ought to be used in a more meaningful way to support and protect the ethnicity, cultures of specific community or group than being used recklessly and diminishing the potential of the principle. It is suggestive that the states should be more participative and make use of the opportunities to publicize their views and determine the concept. This can be done at various international forums, e.g., at ICJ Debates, Conferences etc. A balance has to be struck between the principle of self-determination and the sovereignty of the nation. newline