THE UNITED NATIONS’ FOUNDATIONAL PURPOSE OF PEACEFUL CO-EXISTENCE AND THE RIGHT TO SELF-DETERMINATION UNDER INTERNATIONAL LAW

Abstract

The best application of the people's right to self-determination and the promotion of the international legal orders on people's right to self-determination have been recognized by the United Nations to be the panacea for national and international peaceful co-existence and friendly relations. The starring role of the right to self-determination is to liberate all peoples and nations from all forms of economic and political marginalization or subjugation for the attainment of full independence. The principle of Self-determination has been regarded under several international legal documents as an inherent right belonging to all people by virtue of which they freely determine their political status and pursue their economic, social and cultural developments. Despite being important, however, the application   of the right to self-determination is still far from being understood and is often fraught with difficulties and uncertainties. This can mainly be set down to the complex nature of the right being both a political concept as well legal right which is often misconstrued. The right has had several interpretations as the right of decolonization of non-self-governing entities, the right of minorities to determine their political status and the right to secession. Although much has been written on the right, most of the writings are confined to the political secessionary aspect of the right. This paper presents an intriguing analysis of the right to self-determination under international law and a clear understanding of its scope and contents away from secessionary political self-determination. The paper critically assessed from the shadows of human rights and democratic principles, the internal importance of the application of the aspect of the right to self-determination, which helps in promoting peaceful co-existence and liberation of peoples from all forms of subjugation as envisaged by the Charter of the United Nations. The study is analytical legal research, which relied on facts or information already available from primary and secondary sources.