Selbstbestimmungsrecht, innere Selbstbestimmung und Gruppenrechte im Kontext der Minderheitenfrage in Europa

Abstract

The right of peoples to self-determination propagated by American President Wilson as a principle for the post-war order from 1918 – or at least the reference to it – seems to be more topical than ever in the present day, as evidenced by the recent separatist aspirations in different European countries. A closer look at these individual cases should be just as worthwhile as a comparison with case studies from 1918 onwards; however, such analyses should not be the subject of this article. Rather, it is an abstract, deliberately quite simplistic illumination of the topic of self-determination under international law and, in particular, internal self-determination, in the context of the minorities’ issue. After clarification of the (controversial) question of whether national minorities can be entitled to self-determination, this issue ultimately leads to constitutional law – and to the possibilities offered there for the realisation of the internal self-determination of minorities. The aim behind this sketchy overview is to open up a somewhat different perspective on the European minorities’ issue, to shed light on the topic of group rights and ultimately to develop yardsticks that can be of significance for the understanding, classification and evaluation of the current secessionist and other minority conflicts.