Liberia: International Law, State Rights to Self Determination

Written by: Student Christian Kardor, Master’s Candidate

School of Global Affairs & Policy Department

Cuttington University School of Graduate and Professional Studies.

INTRODUCTION

Self-determination is one of the most impactful doctrines in international law, it influences state creation, human rights, and global political stability. Enshrined in major legal instruments, it provides a normative framework for peoples seeking autonomy or independence. Despite its recognized status, it scopes and enforceability remain debated, especially when claims of self-determination conflict with the principle of state sovereignty.

HISTORICAL EVOLUTION OF THE PRINCIPLE

Though earlier philosophical writings hinted at the idea of self-governance, the concept gained significant momentum in the 20^th century.

1. POST-WORLD WAR I: President Woodrow Wilson popularized self-determination as a tool for restructuring Europe, however, it was applied inconsistently and primarily to European populations.
2. POST-WORLD WAR II AND DECOLONIZATION: The United Nation Chapter (1945) gave the principle international legal recognition, particularly in the context of decolonization. Scores of African, Asia, Caribbean and Pacific States achieved independence on the basis of the right to self-determination
3. POST-COLD WAR PERIOD: Self-determination re-emerged in secessionist movements and ethnic conflicts in the Balkans, former soviet republics and parts of Africa. (Wilson’s, 1918);  

LEGAL BASIS IN INTERNATIONAL LAW

1. UNITED NATIONAL CHARTER: Article 1(2) and Article 55 of the UN Charter affirm the principle of self-determination as a central UN purpose.
2. INTERNATIONAL HUMAN RIGHTS TREATIES: Both the International Covenant on civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and cultural Rights (ICESCR) begin with a common Article 1: “All Peoples have the right of self-determination.” This establishes self-determination as a legal right not merely a political aspiration.
3. UN GENERAL ASSEMBLY RESOLUTIONS

• Resolution 1514: Declares that the right of colonial people to independence.
• Resolution 2625: Clarifies that self-determination must not disrupt the territorial integrity of sovereign states that uphold equal right and internal self-government.

1. Customary International Law: Through widespread state practice and legal acceptance, self-determination has achieved the status of a customary norm. Many scholars consider it just cogens a peremptory non derogable norm especially in the context of decolonization. (Coleridge, 1876.)  

DIMENSIONS OF SELF-DETERMINATION

  INTERNAL SELF-DETERMINATION

This refers to a people’s right to:

• Participate in political processes
• Maintain cultural and linguistic identity
• Enjoy autonomy within an existing state.

Examples include federalism, regional autonomy, or power sharing arrangements. (Seymour, 2013).

1. EXTERNAL SELF-DETERMINATION

This is the right to determine international political status including:

• Independence
• Free association with another state
• Integration into an existing state.

Historically, this applied mainly to colonial peoples, those under foreign occupation and those denied meaningful internal self-determination. (Dr. Sathananthan, 1999).

SELF-DETERMINATION AND TERRITORIAL INTEGRITY

One of the most complex legal tensions is between the people’s right to self-determination and the state’s right to territorial integrity. International law generally favors territorial integrity and views external self-determination and secession as a last resort. Secession without colonial or extreme discriminatory context is considered remedial secession and remains exceptional. (Castellino, 2008).

CONTEMPORARY ISSUES AND DEBATES

1. WHO QUALIFIES AS A PEOPLE? The term is not precisely defined. Factors include common history, culture, language, religion or shared territorial existence.
2. REMEDIAL SECESSION: Some scholars and states argue that severe oppression or denial of political rights may grant a group the right to secede. However, this remains controversial and inconsistently applied.
3. INDIGENOUS PEOPLES: International norms, particularly the UN Declaration on the Right of Indigenous People (UNDRIP), emphasize cultural and territorial rights but stop short of endorsing full political independence except in extreme cases. (Edward, 2007)

CASE STUDIES

1. KOSOVO: The International Court of Justice (ICJ) 2010 advisory opinion held that Kosovo’s declaration of independence did not violate international law but did not affirm a right to secede.
2. WESTERN SAHARA: A UN listed non-self-governing territory, the Sahrawi people’s right to self-determination remains unresolved due to competing claims by Morocco.
3. PALESTINE: Widely recognized as having a right to self-determination under UN resolutions, through statehood and territorial control remain contested. http://www.SomulilandlaM.coin (acccssed May 28.2012)

CHALLENGES IN IMPLEMENTATION TO SELF-DETERMINATION

• Ambiguity in defining Peoples
• Political resistance from existing states
• Risk of encouraging fragmentation and instability
• Selective or inconsistent application
• Lack of clear enforcement mechanisms

These challenges contribute to the ongoing tension between stability and self-governance. (Rupert, 1971).

CONCLUSION

The right to self-determination is powerful legal and moral principles that shape the contemporary world. While well-established in international law, its application remains complex, particularly when competing claims of state sovereignty, territorial integrity and minority rights arise. For the principle to remain effective and relevant, international law must continue refining its scope balancing the aspirations of peoples with global peace and stability.

NOTE: This essay was part of the International Law Course’s activities taught by Dr. Mory Sumaworo (Ph.D.) Professor at Cuttington University Graduate School of Global Affairs and Policy.

REFERENCES

• United Nations Charter, 1945.
• International Covenant on Civil and Political Rights (ICCPR), 1966
• International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
• UN General Assembly Resolution 1514, 1960
• UN General Assembly Resolution 2625, 1970.
• International Court of Justice, Accordance with International Law of the Unilateral Deceleration of Independence in Respect of Kosovo, Advisory Opinion, 2010.
• Crawford, J. (2006). The Creation of States in International Law.
• Cassese, A. (1995). Self-Determination of Peoples: A legal Reappraisal.