Stojanovska-Stefanova, Aneta (2019) Self-determination as a fundamental principle and human right. Conference proceedings from the Second international scientific conference ISCTBL 2019, 2 (2). pp. 69-78. ISSN 978-608-244-693-6
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Abstract
The right of nations to self-determination is a cardinal principle in modern international law (commonly regarded as a jus cogens rule), binding, as such, on the United Nations as authoritative interpretation of the Charter’s norms.
From the perspective of international relations and law, self-determination was considered by US President, Woodrow Wilson, as ‘an imperative principle of action,’ and therefore wanted it incorporated in the Covenant of the League of Nations at the end of World War I for purposes of universality. The US wish was to no avail until the making of the United Nations during the
Second World War. At the San Francisco consultations, the former Soviet Union proposed the inclusion of ‘based on respect for the principle of equal rights and self-determination of peoples’ as an amendment in the text of Article 1(2) and Article 55 of the UN Charter.
Self-determination as a theory in international relations can be looked at from many perspectives. Admittedly the right of self-determination is a human right that belongs to peoples — not to the States. But in practice the right has been all too often violated with impunity, since
there is no international enforcement mechanism.
| Item Type: | Article |
|---|---|
| Subjects: | Social Sciences > Law Social Sciences > Political Science |
| Divisions: | Faculty of Tourism and Business Logistics |
| Depositing User: | Aneta Stojanovska |
| Date Deposited: | 05 Feb 2021 09:22 |
| Last Modified: | 05 Feb 2021 09:22 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/27564 |
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