Right to Self-determination, Territorial Integrity and Some Aspects of Unilateral Secession in Modern International Iaw

Abstract:

The article discusses the right of people to self-determination, its relation to the principle of  territorial integrity of the state, the question of their relationship, also the ways of achieving balance between them. The right to self-determination is discussed within the UN Charter and other international instruments, also discussing the process of evolution of it. The article addresses the question whether contemporary International Law of self-determination provides for unilateral secession. This is a complex legal issue and some aspects of which are analysed in article. The case of Kosovo is compared to the context of Georgia, and, analyzing the unique case of Kosovo, it is argued that in practice the existence of the right and the contours of its use are outlined, still there exists an obvious lack of clarity clarity in this regard, and the need for adequate regulation is emphasized.

 

Keywords:

Sovereignty, People, Minority

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