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

Authors : Burak COP, Doğan EYMİRLİOLU

Pages : 115-146

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Publication Date : 2005-01-01

Article Type : Research Paper

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