| Sažetak | The notion of self-determination has been, and still is, one of the most debated issues in the arena of international law. From its scope to implementation, it has raised many questions with regard to which a unified stance still does not exist.
Throughout the last century, the international community has faced numerous cases constructed on the claim for self-determination, but, apart from the decolonisation context, very few of these have actually resulted in the situation aspired to by most of these claimants -the establishment of a sovereign and independent state.
Self-determination became a leading force in the quest to eradicate the existence of colonialism, in which sphere one can witness achievement of consensus. However, as it will be explained in this thesis, it has become clear that self-determination is not limited to the cases of decolonisation process, but indeed constitutes a right of all “peoples”1, which gives it a scope of universal applicability.
1 See: infra, p. 19
Noteworthy developments of international law produced by significant will to eradicate colonialism gave hope to peoples around the world to raise their claim for self- determination, whereas the application of the newly established principle has proven to be very inconsistent and questionable in the non-colonial context.
As this thesis will show, the complexity of the right to self-determination (among others) lies within its essential conflict with another “sacred” principle of international law - territorial integrity. In this regard, the importance and application of the principle of uti possidetis will be explained. Furthermore, this thesis will try to depict how multiple self- determination claims that the world has witnessed in recent decades were raised and mostly unresolved due to the ambiguity of the lege lata norms of international law. Determining the applicability of self-determination beyond the colonial context, yet not providing specific requirements for one, leaves enough space for uncertainty on both sides of the issue - claimants, in terms of whether or not their case has solid grounds (for achieving the result aspired to), and the international community, in terms of not being able to, beyond a reasonable doubt, determine its adequacy (and validity). In this context, the thesis will explain ramification of the right to self-determination in its internal and external form, as well as situations and means by which each of the above can be accomplished. |
