مجلة الأستاذ الباحث للدراسات القانونية والسياسية

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Self-determination: a consumed principle?
(Université de M'sila,univ-msila.dz, 2016-09) KADRI, T
Certainly, the principle and right of self-determination has evolved with the evolution of the international community as indicated above. It is not a consumed principle. Indeed, self-determination has integrated peremptory norms as a right granted for people to freely elect their government and representatives, and decide about their future political, economical and social course (beyond colonialism). Indeed, the people have the prerogative to decide about their future course through democratic processes, and the international community represented by United nations has an obligation on to realise it, as reported by , R Higgins: “The great majority of States in the United Nations believe that a legal right of self-determination exists, and that neither Article 2(7) nor indeed domestic constitutional issues in general, can impede the implementation of that right and United Nations jurisdiction for that purpose.” 33 Therefore, the self-determination has extended to the post-colonial era as a principle of international law enabling people, under any political regime, to freely decide about their political, economical and social future course through democratic means and processes.