THE CHALLENGE OF DEFINING THE ENTITY ENTITLED TO THE EXERCISE OF THE RIGHT OF SELF-DETERMINATION UNDER INTERNATIONAL LAW

Abstract

The topic of this article is: ‘The Challenge of Defining the Entity Entitled to the Exercise of the Right of Self-determination under International Law’. The aim of the study is to determine the exact unit of the individuals (the people or self) entitled to the exercise of the right to self-determination under international law and whether or not such entity includes a minority group. The methodology employed in the research is doctrinal using both primary and secondary sources. Our findings is that the various legal instruments on the norm of self-determination have clearly failed to give a precise definition of the concept of self or people entitled to the exercise of the right to self-determination. This lacuna has given rise to a multiplicity of opinions amongst scholars, jurists and publicists as to the exact meaning of that concept resulting in a serious challenge as to when or where to apply the norm of self-determination. Moreover, there is a distinction being made between a ‘people’ and a minority group. While a ‘people’ is said to be the entity entitled to self-determination, a minority group is said not to be so entitled. It is our recommendation that a clear definition of the concept be provided by international legal instrument dealing on the rule of self-determination so as to ensure a better application and operation of the rule of self-determination and that the present distinction being made between a ‘people’ and a minority group be removed as it is clearly discriminatory and defeating to the purpose of self-determination.