Self-determination: a consumed principle?
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Date
2016-09
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Université de M'sila,univ-msila.dz
Abstract
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.