World divided over right to self-determination

The right of self-determination and the respect for the sovereignty and territorial integrity of states are two cardinal principles in international customary and conventional law that are on a head-on collision in many parts of the world, where there are sizable ethnic communities existing in countries whose sovereignty and territorial integrity are long recognised by not only the UN, but also by the more than 190 states across the globe.

Article 1 of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights stipulate that "all peoples have the right of self-determination, by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”.

There can be no doubt that this right is a cardinal principle binding on the international community as an authoritative interpretation of the UN Charter. It is, therefore, a "jus cogens" in international law.

Article 1 of the UN Charter spells out the purposes of the international organisation as to "develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples…” Yet, this core principle is not without some limitations or vagueness. The UN system altogether is based on the respect of the independence, sovereignty and territorial integrity of members states. This  principle would exclude the dismemberment of member states into parts and pieces.

Moreover, self-determination may be exercised by all sorts of ways, including local autonomy of one sort or another as indeed is the case in Iraq and Spain, where local governments exist and are recognised by the central government.

Determining what is a legitimate and reasonable exercise of the right of self-determination — and what is not - is where the international community can be legitimately divided.

What compounds the issue is the very definition of "people". While the rule of thumb suggests that a sizable or a major ethnic group living in a certain region of a country can be regarded as "people", the precise definition of the word may still need guidance and interpretation.

This is where the International Court of Justice can be invited by countries facing such disputes to issue interpretive or advisory opinions to shed light on how this right can be implemented in a just and fair manner.