- PERCEPTIONS: Journal of International Affairs
- Vol: 10 Issue: 4
- THE RIGHT OF SELF-DETERMINATION IN INTERNATIONAL LAW TOWARDS THE 40th ANNIVERSARY OF THE ADOPTION OF...
THE RIGHT OF SELF-DETERMINATION IN INTERNATIONAL LAW TOWARDS THE 40th ANNIVERSARY OF THE ADOPTION OF ICCPR AND ICESCR
Authors : Burak Cop, Doğan Eymirliolu
Pages : 115-146
View : 11 | Download : 3
Publication Date : 2005-01-01
Article Type : Other
Abstract :The principle of self-determination of peoples has been subject to a conceptual evolution which began in post-Second World War era and acceleratedin 1960’s due to the decolonization process. This evolution pertains to thetransformation of self-determination which was firstly conceived as a politicalprincipal to a peremptory legal norm, i.e. jus cogens. The adoptions ofICCPR and ICESCR constitute important milestones in this regard. In fact,the evolution of principle of self-determination does not have ended. As oftoday, the "internal” aspect of this norm is much more emphasized, and assuch, goes beyond the classical/post-colonial context. Furthermore, it isargued by many leading scholars that, even the secession can be legitimatein case of lack of materialization of internal self-determinationKeywords : Self-determination, ICCPR and ICESCR, “Uti possidetis”, Secession, Internal Self-Determination, Territorial Integrity.