Introduction
refers to national self-determination, in accordance with the UN Charter and international law, in the absence of external pressure or interference, the people can freely determine their political status and freely pursue their economic , social and cultural development. The right to self-determination referred to national self-determination, and it is based in principle, known as the principle of national self-determination; but it did not specify the implementation of self-determination or self-determination should be what kind of results: independence from the former State, with the original countries formed a federation, protectorate, or with some degree of autonomy is also the former State completely assimilated. Nor does it explain what the boundaries between nations that can make up a nation under what conditions. In fact, about which populations have the legal right to exercise self-determination, the current legal provisions and definitions still has a lot of contradictions. This principle in the world, there are a lot of controversy, opponents say if this principle is likely to cause secession, ethnic hatred, and may even result in 1990 of ethnic cleansing of Serbs in the Croatian war. Some researchers believe that even if the view is inconsistent among the people, then self-determination is the root cause of internal conflict.
After sublimation grown up, in the 1950s, the principle of multi-tendency resolution on the peoples and national self-determination; a first safeguard national independence and sovereignty, to emphasize human rights. 60 years, the 15th United Nations General Assembly "to give the Declaration of Independence to Colonial Countries and Peoples." 70s, "Declaration on Principles of International Law" states: In accordance with the Charter of the nation respected the principle of equal rights and self-determination of, all peoples have the right to freely determine their political status, without external interference, and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter. After
World War II, many colonial countries to self-determination as the basis for the idea of a referendum, which won the national independence, but since the wave of the third wave of democracy, especially since the 1990s, national self-determination movement began to threaten the territorial integrity of a number of independent countries (such as the Kashmiri independence movement in northern India), some sovereign state or even civil war, split into the state (such as the civil war in Yugoslavia), the original sovereignty also will fail, at the same time, this also caused a lot of armed conflict or ethnic cleansing (such as the genocide in Rwanda) and the Srebrenica massacre.
Currently, in the world, usually self-determination against colonial, Non-Self-Governing Territories and other non-independent sovereign countries or regions, such as the "Declaration on the Granting of Independence to Colonial Countries and Peoples" provides that "all peoples have the self-determination right "," United Nations Declaration on the rights of indigenous peoples "provisions" when exercising their self-determination of indigenous peoples, in matters relating to their internal and local affairs, as well as on the issue of how financing their autonomous functions, the right to autonomy or autonomy " . Signed in 1993, "Vienna Declaration and Program of Action", stressing that "taking into account the special circumstances and subject to their colonial or other forms of alien domination or foreign occupation, the World Conference on Human Rights recognize each nation is entitled to in accordance with the" UN Charter "to take legal action , to realize their inalienable right to self-determination, "the same time, the Declaration also stipulates that" it shall be construed as authorizing any action taken or encouraged to fully or partially dissolve or against the territorial integrity or political unity of sovereign and independent States. "
refers to self-determination in a broad sense, in the absence of external oppression, people are free to choose their own behavior.
Also
here defined nation, against colonial terms. Nation should be independent, national self-determination if abused, may be unrealistic. Therefore, some scholars believe that the international community so that peace and stability above all else. Common article
"International Covenant on Civil and Political Rights" and "International Covenant on Economic, Social and Cultural Rights" provides:
"1. All peoples to self-determination. By virtue of this right freely determine their political status and freely pursue their economic, social and cultural.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without damage. a people be deprived of its own means of subsistence in any case to any obligations of international economic cooperation based on the principles of mutual benefit, and international law arising.
Third, the States Parties to this Convention, including those responsible for management of national non-Self-Governing and Trust territories should be in conformity with the UN Charter and promote the realization of self-determination, and shall respect that right. "