Abstract

During the last century, the significance of self-determination has undergone a remarkable change, but through erroneous equalization with the right of secession, self-determination turned oftentimes also into a myth misused or instrumentalised for political purposes. Numerous conflicts of secession are proving this. However, there is no right to secession, neither in international law nor in state practice, except in the case of consent of all parties concerned. At the most, exclusively if a people’s identity or existence is endangered by serious human rights violations, the mode of external self-determination without the consent of all parties concerned, i. e. a secession, could be legitimised on the base of human rights. Therefore, the real importance of the principles of equal rights and self-determination of peoples lies in the mode of internal self-determination, implemented through instruments like autonomy or federalism, which doesn’t violate the territorial integrity of states. In this mode, the principle of self-determination is currently of the utmost importance for the maintenance of peace, security and stability, but also for the protection of minorities in Europe, and even for regional development. Both instruments, autonomy and federalism, in fact also have a macro-economic component and are capable of transforming potential for conflict into cultural and socio-economic added value. Finally, it becomes apparent that the internal self-determination as a particular mode of division of governmental, legislative and administrative responsibilities between states and autonomous regions proves to be a remarkable source of prosperity, but unfortunately this possibility is still underutilised.

Full Text
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