Legal View on the Priority between  the Right of Self Determination and Land Unity

The principle of Self Determination is one of the most powerful principles of the international law; the expert of the international law W. Groor expressed that by saying that there was no power to the self determination right which may encourage the nations and guide their activities. The principle of self determination is understood through its comprehensive and most significant definition; as a process which provides a wide space to the people’s choices depending on the circumstances, demands, interests and conditions  of the interested parties in that process.

The principle of Self Determination was formulated to all nations through the international law. The International Treaty of Human Rights and Vienna Program considered it as a complementary part of Human Rights Law. The right of Self Determination was admitted as a basic condition for the humanitarian rights of people as one of the basic types of freedom at the political, civil, economic, social and cultural levels. It is worth mentioning that the international law admitted the right of Self Determination as a process related to people more than states or governments.

When we apply the right of Self Determination, we encounter challenges related to the principle of national land unity especially the people’s willingness in determining their legitimate rights and its applications including the free choice of their states and its national borders.  One of the challenges according to the closing Declaration of Helsinki in 1975 and the compacts of International court as the experts of international law do not see any disagreement between the principle of Self Determination and land unity.

According to the vision of the two scientists Radan and B. Queek there are three theories of the international law relating to the right of Self Determination; the first, The theory of the international liberals who work to prevent wars, give people more freedom, expand the global market, and cooperation cross borders. The land unity is not important for them in order to allow the recognition of broader rights to the nations on Self Determination. Second, the realistic theory in international relations. For them national sovereignty is a priority above Self Determination, such policies spread during the Cold War. Third, Cosmopolitans who call for change in the political powers of the world. For them changing borders is an administrative issue which supports the policies at the level of Self Determination.

A.Buchanan who published many books on the right of Self Determination discussed the issue from a constitutional and democratic dimension. He claimed that for the nations which call for independence on the basis of Self Determination, they have to be suffering from the absence of justice. Some countries do not approve separation in their constitutions, and replace it with decentralization, Federal or Self governing systems.

Fatima Deya’, the executive assistant of the United Nations Secretary-General, indicated that Self determination requires changing the language of dialogue in order to discuss the national land unity including borders.

Horizons of the principle of Self Determination have developed. Starting from the last century, the international support to the right of people in Self Determination has increased. This led to the recognition of many states during the First and Second World Wars. While the conditions helped to end colonialism, the process which started in 1960s. The modern term of Self Determination differentiates between the internal and external levels of Self Determination; the internal level of Self Determination includes various political and social rights while the external Self Determination including the accomplished legal independence.