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1 - Secession and self-determination

Published online by Cambridge University Press:  23 July 2009

Christian Tomuschat
Affiliation:
Professor Faculty of Law, Humboldt-University of Berlin; Member Institut de Droit international
Marcelo G. Kohen
Affiliation:
Graduate Institute of International Studies, Geneva
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Summary

Introduction: the concept of people

A discourse on the relationship between secession and self-determination starts out with a big question mark. According to all the relevant texts dealing with self-determination, all ‘peoples’ are the holders of this right. The Declaration on the Granting of Independence to Colonial Countries and Peoples, the starting point for the rise of self-determination as a principle generating true legal rights, derived its moral force from the generality of its statement that ‘all peoples have the right to self-determination’. Although primarily designed to foster the decolonization process, its drafters had to enlarge its scope ratione personae in order to make the proposition more attractive to the world at large. In fact, a few years later, the formulation of common Article 1(1) within the two International Covenants on human rights left no doubt that the wording in the Declaration on the Granting of Independence to Colonial Countries and Peoples was intended fully to mean what the text seemed to convey, namely, that all peoples, without any discrimination, enjoy the right of self-determination. This is also the message of the Friendly Relations Declaration, which lacked any predominant anti-colonial overtones, having been conceived as an instrument particularizing the basic principles laid down in the Charter of the United Nations as they apply to the international community in its entirety.

Type
Chapter
Information
Secession
International Law Perspectives
, pp. 23 - 45
Publisher: Cambridge University Press
Print publication year: 2006

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  • Secession and self-determination
    • By Christian Tomuschat, Professor Faculty of Law, Humboldt-University of Berlin; Member Institut de Droit international
  • Edited by Marcelo G. Kohen, Graduate Institute of International Studies, Geneva
  • Book: Secession
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494215.003
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  • Secession and self-determination
    • By Christian Tomuschat, Professor Faculty of Law, Humboldt-University of Berlin; Member Institut de Droit international
  • Edited by Marcelo G. Kohen, Graduate Institute of International Studies, Geneva
  • Book: Secession
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494215.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Secession and self-determination
    • By Christian Tomuschat, Professor Faculty of Law, Humboldt-University of Berlin; Member Institut de Droit international
  • Edited by Marcelo G. Kohen, Graduate Institute of International Studies, Geneva
  • Book: Secession
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494215.003
Available formats
×