Document Type : Article
Ph.D. student in International Law, Islamic Azad University Qeshm Branch, Qeshm, Iran
Prof. of International Law, Tehran University, Tehran, Iran,
Assistant Prof. of Private International Law, Islamic Azad University Qeshm Branch, Qeshm, Iran
Assistant Prof, Department of Public and International Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
One of the most basic principles of human rights is the right of people to determine their own destiny. The importance of this right is such that its doctrine is considered the basis of all human rights. In fact, in order to achieve other human rights, the realization of the principle of the right to self-determination is very important. The research method is descriptive-analytical. In response to the question, what are the developments in the right to self-determination in the advisory theories of the International Court of Justice in the case of Kosovo and the Chagos Archipelago? It can be stated that the right to self-determination has two aspects, including the external aspect, namely the right of the people to determine their international status and the internal aspect, the right of the people to choose the system of government, participation in community decision-making and protection of minority rights. . In Kozo's case, the Court's ruling implicitly has political elements and has raised legal challenges to the relationship between the right to self-determination and the principle of territorial integrity. However, although the International Court of Justice continued to blur the line between the right to self-determination and territorial integrity by not determining the conditions for being a state, Kosovo still retained the right to win. In relation to the Chagos Archipelago, the International Court of Justice has called on all UN member states to cooperate with the United Nations to complete the process of decolonization in Mauritius, as the right to self-determination is a universal obligation. It cannot be reduced to a reciprocal task.
- A) Books
- Hugh breakey (2011), the responsibility to protect and protect and the protection of civilians in armed conflicts: review and analysis, Griffith University
- Jaber, Tamara (2010), a case for Kosovo? Self-determination and secession in the 21th century, the international journal of human rights. London school of economics. First published on 28 July.
- Radan, Peter (2002), The Break – up of Yugoslavia and Internationa Law, Routledge studies in International law, first published.
- Weller, Mare (2008), Eseaping the Self- determination Trap. Martinus Nijhoff publishers.
- B) Documents
- Declaration on Principle of International Law Concerning Friendly Relations Cooperation Among States in Accordance with the Charter of the United Nations, Resolution 2625 (XXV) 1970
- Declaration on the Granting of Independence to Colonial Countries and Peoples. General Assembly Resolution 1514 (XV)of 14 December 1960
- I.C.J Reports, 30 June 1995 و Case Concerning East Timor (Portugal) V.Australia)
- ICJ Reports 1986.Case Concerning Military and Paramilitary Activities in and against Nicaragua) Nicaragua v., p.31,para 45
- ICJ Reports (2010) Advisory Opinion proceeding concering Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo,
- International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights, 1991, Art 1
- Kugelmann, Dieter, (2007), “The protection of minorities and indigenous peoples respecting cultural diversity”, Max Planck Yearbook of united nations law, vol. 11
- Mathew, Saul, (2011), “The Normative Status of Self Determination in international Law a Formula for University in the Scope and Content of the Right?” Human Right Law Review no 114
- Michael, Freeman, (1999), “The Right to Self- Determination in International polities: Six Theories in Search of a policy”, Review of International Studies, 25, pp 358-59
- UN Security Council, Resolution 221 (1966) of 9 April 1966, 9 April 1965, S/RES/221 (1966), available at: http://www.refworld.org/docid/3b00f205c.html [accessed 20 September 2013]
- Thin, Sarah. (2021), “The Curious Case of the ‘Legal Effect’ of ICJ Advisory Opinions in the Mauritius/Maldives Maritime Boundary Dispute.” EJIL:Talk! Blog of the European Journal of International Law. February 5. Accessed march 11, 2021.
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