The Ambiguity and Complexity of the Right to SelfDetermination: A Legal and Political Perspective

Abstract

This article critically explores the ambiguity and complexity inherent in the right to self-determination from both legal and political perspectives. It discusses the concept's imprecise nature, especially in terms of its application beyond the colonial context. Adopting the doctrinal approach, this paper scrutinizes various international legal instruments, such as the United Nations Charter and Human Rights Covenants, and their interpretations that have contributed to the ongoing debates surrounding self-determination. It highlights the intersection of law and politics, exemplified in instances of secession, increased autonomy, and democratic participation. Additionally, the article addresses the controversial aspect of collective versus individual rights in the context of self-determination. Through an examination of influential cases and political events, such as the Western Sahara Case and Kosovo's declaration of independence, the article illustrates the practical challenges and consequences of applying the self-determination principle. Conclusively, the paper argues for a clearer and more precise understanding of self-determination to facilitate its effective implementation in international relations