Development of the Principle of the Right of Self-Determination within the UN context

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Abstract

The principle of "Self-Determination" is one of the principles the importance of which has been accepted for the structure of modern International Law. Article one of the UN Charter, while explaining purposes and principles of the UN, points to this principle as one of the foundations of peaceful relations and cooperation among states and nations. Yet, this principle is not as well-established as principles like equality of sovereign states or non-intervention, at least when we are speaking of "internal" Self-ِDetermination. For many years, there was discussion on legal status of the principle: "Is it a legal principle of International Law or just a political one?" Codifying the Covenants was the end of the doubts about this principle's legal status ,but of course not the end of discussion; if it was a legal principle, then what was the exact meaning of "self"? Peoples under colonial regimes? Peoples under racist regimes? Or otherwise, all the peoples of the world?
End of the Cold War affected the discussion on this issue, while affecting the whole arena of International Law. In fact, putting increasing emphasis on "democracy" and the values of democratic governance, "Human Rights", and rights of minorities is widening the scope of the principle, and strengthening its meaning. This article tries to study these issues and answer some of the questions.