The Concept of SelfDetermination in International Law

The Concept of SelfDetermination in International Law

The paper shows that it is in terms of whether the human element within several states is entitled to choices that may lead to severing their destiny from that of a given state and ultimately disrupt the state’s body politic. (Coicaud, 2001, p.53).
The uniqueness of self-determination makes the existence of a corresponding international rule whether contractual or general far more problematic. This also varies in degree according to whether its conceived as a right conferred by international law or as a right which states an internationally obliged to ensure within their legal systems self determination as seen as a freedom within the internal logic of declaration, human rights and fundamental freedom which every state would be bound under general law, charter or other instruments to ensure it to persons or groups within their legal system, a matter de lege ferenda. (Karen, 2002, p.29).
Exceptions are allowed in given arrangements of conventional law. The personality of individuals is not believed in international law. Thus the existing international law is even further from ensuring a right of self-determination as a matter of direct right under international law itself. International law and international politics comprise the rules and reality of the international system so that it makes sense to study one without the other.
Scholars decide to separate the so-called `real politics from the utopian idealism on the emphasis that the failure of League of Nations and the rise of fascism were clear demonstrations of the ineffectiveness and irrelevance of international law and institutions’2. This described reality was as an anarchic international law system in which the state was the primary actor and its interaction with other states was in a context of a competitive war of all against all motivated by national self-interest and a thirst for power. (Karen, 2002, p.42).

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