CRITICAL EXAMINATION OF THE CONCEPT OF RIGHT IN RIGHT TO SELF-DETERMINATION UNDER INTERNATIONAL LAW

Abstract

The topic of this article is: Examination of the Concept of Right in Right to Self-Determination under International Law. The aim of the research is to ascertain the significance of the concept of right as a correlative of duty especially with respect to the international law rule of right to self-determination. In other words, the aim is to determine whether there is always in existence the correlative of duty in every circumstance when the concept of right is mentioned and whether the rule of right to self-determination is one of those circumstances where the concept of right creates the correlative of duty. The methodology employed in the research is doctrinal using primary and secondary sources. Our findings and conclusion is that the concept of right does not always create the correlative of duty. However, with respect to the international law rule of right to self-determination, there is a correlative of duty to the concept of right therein created even though the legal instruments creating the right are not quite clear as to the mechanism for enforcing the duty thereby created. Thus, our recommendation is that a clear and precise procedure for the enforcement of the duty created by the concept of right be adopted by the international community to ensure uniformity and effectiveness in the application and operation of the concept.