Original scientific paper
The Right of People to Self-Determination and the Abuse of This Right
Vladimir Ibler
Abstract
First, the most important points concerning the right of all peoples to self-determination is presented by quoting a selection of statements taken from doctrinal works, as well as from documents dealing with the respective part of Public International Law. The claim that this right is both, a universally accepted political principle, and a rule of positive International Law, is made. One is in fact faced with an indisputable norm of substantive International Law. However, it must also be stressed, that there is an evident lack of procedural rules which should regulate the process of of a people trying to realize their right to self-determination. This is an unpleasant fact generating political and legal difficulties in international relations.
Follows a discussion on the relation between the right to self-determination and the right of states to territorial integrity. The confrontation of these two rights, that of self-determination, and that of the integrity of states (sovereignty versus self-determination) generates further controversial standpoints, both in theory and practice. This confrontation leads to impression, or even conviction, that there is an insurmountable and irreconcilable conflict between the two unalterable conceptions. This standpoint is strongly opposed by the author. His argumentation and standpoint is based on the "Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charther of the United Nations."
The problems with self-determination are then discussed as a problem of Constitutional Law, taking also into consideration the constitutions of former Yugoslavia. The author denies and rejects the assertion that the right to self-determination of the peoples of former Yugoslavia has been used up, and therefore does not exist anymore. This so called "theory of consumed rights" is politically and legally, unacceptable. However, even if this "theory" would be acceptable, then it could only be acceptable from the point of view of constitutional law, and would in turn absolutely violate the obligations contained in international treaty law.
As with many other rights, it is also possible to abuse the right to self-determination. The present paper discusses ways and means of abusing the right to self-determination, as well as ways to discover and ascertain abuse in concrete cases. When abuse comes close to negating the right to self-determination, then International Law is unable to give answers to all possible questions about the scope and the extent of this right. How far can the right to self-determination go without pulverizing the structure of a State? The answer to this question lies in studying the experiences acquired in the field of political history, international laws and politology.
Keywords
Hrčak ID:
112981
URI
Publication date:
1.6.1992.
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