'Self-determination is irrelevant in the 21st Century'. Discuss - Essay Example

It is accordingly, protected by various international human rights bodies that ensure all people get their rights. This concept has evolved during the 20th century following secessionist movements during and after World War I and II allowing for decolonization of countries from the 1960's onwards. The start of the famous European colonization of the Americas started around 1940's following the Spanish expedition headed by Christopher Columbus5. This followed a conquest that was featured by large-scale exploration, migration and eventually colonization in order to take full advantage of the resources in those foreign countries.

Rebellions were the first characteristics of the determination to self-rule that was witnessed in the mid 1770's. Because of the explicit invocations of natural law, the natural right of man and the absence of consent from the people who were being governed, people began to revolt against colonial rule6. In the United Stated Declaration of Independence, the promotion of the notion that the will of the people is supreme made significant contributions to the aspect of self-determination. These and some other notions are what led to the acceptance of the principle of self-determination. . These treaties both held that people had a right to freely pursue their economic and political interests following self-determination.

Previously, self-determination was considered a political principle with no legal effect. But following WW2, self-determination became a legal principle and a right in International Law. And because of its adoption by several treaties and charters it received worldwide recognition under International Law. The concept of self-determination is thus still relevant because of the number of cases in the International Court of Justice that have received ruling in favor of the concept of self-determination.

Self-determination has thus achieved the status of erga omnes which requires the rest of the international community to respect it. Other jurists and scholars have also argued that the principle of self-determination has acquired the status of jus cogens making it the superior rule of international law. As such, the rest of the community has the mandate to strictly obey it at all times and in all circumstances in their relations with each other. However, the UN Charter10 had no provisions for the enforcement of the right to self-determination outside the context of decolonization.

It simply provided that countries be allowed to govern themselves but it did not provide other stipulations for how this was to take place. This allowed the legal doctrine of uti possidetis juris11 to thrive. This meant that old administrative boundaries became the international boundaries without taking into consideration the linguistic, ethical and cultural boundaries that had previously existed. Despite the fact that people of one culture were torn apart by international boundaries, nations succeeded in freeing themselves from colonial rule.