Abstract
Self-determination is a controversial issue in public international relations as well as in international law. The rise of groups of people in different geographical locations of the world, seeking alienation and recognition, as independent sovereign state cannot therefore continued to be ignored. The protection of the inviolable right of state sovereignty as provided for under the preamble of the United Nations Charter cannot be shoved under the carpet. It is now a public debate on whether state sovereignty has to be protected at all costs including ignoring pressure from proponents of self-determination. What then are the characteristics or criteria that qualifies a group to be entitled to secession? The aim of this article is to look at the brief history of self-determination and assess the criteria considered for declaration of sovereignty. The case of Kosovo will be considered extensively. The author seeks to fill the gap in existing literature on whether recognition automatically confers upon meeting the laid down requirements or political decisions also hold water. The methodology used is theoretical It is clear from the results that the subject of graduation from self-determination to state sovereignty is an issue not so much of legality but political recognition by the international community. This research will positively contribute to the debate surrounding self-determination and sovereignty. It will at least demystify the fog surrounding this highly contested principle. The research will help in widening the criteria for state sovereignty to include political recognition. The author proposes more studies in the area of whether political recognition is legal when making international law decisions.
Highlights
Self-determination is a hotly disputed and controversial issue in public international law as well as public international relations, which has been evolving and developing in the course of the last 100 years (Drew et al, 2018)
Selfdetermination stems from the pertinent issue of national sovereignty, which according to Richard Butler is the most complex and troublesome security issue of the present time (SBS News, 2018)
The question of whether Kosovo has a right to external selfdetermination and thereby hold international status and de jure independence is one that has elicited different contributions from various authors
Summary
Self-determination is a hotly disputed and controversial issue in public international law as well as public international relations, which has been evolving and developing in the course of the last 100 years (Drew et al, 2018). Self-determination is the right through which a group of people can freely determine their political status and pursue their social, cultural, and economic development. It is the grounds on which a nation determines its statehood and its government and one through which new countries have been able to emerge by secession (Freeman, 2018). After close to six decades of transition from colonialism to constitutional democracy, it is considered that most countries are still under the yoke of governments they consider undesirable or oppressive This has led to active movements requesting for cessation. In light of the foregoing, the case of Kosovo is, an important case in the principle of self-determination studies
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