Theory Of International Law On The Scope And Limits Of National Self-determination

All peoples have the right of self-determination. The thoughts of the right of self-determination dates back to the middle of17th century and enter into the realm of international law in20th century. The process of colonization and de-colonization has made self-determination the focus of the international society. As the de-colonization went by, most peoples have gained political independence; therefore, some scholars believe that the traditional interpretation of the right of self-determination is out of date and declare that the right should expand its application into the fields of domestic issues. However, this tendency of expansion, which roots in the obscure stipulation in international legal files, has surpassed the boundary between the realms of international law and domestic politics. Due to the expansion, some ethnic separatists have abused the self-determination theory and lead to local instability. Thus, there is a necessity in redefining the application scope of self-determination as well as its limitations.On the basis of the research in the self-determination theory at home and abroad, the thesis try to redefine its scope of application in a historical, comparative, literal and systematical way. The first chapter sets forth the history of self-determination theory, following its background and the changes of its meaning and application scope. Through textual research into the international laws as well as UN decisions and declarations, the second chapter analyses the appropriate interpretation of some concepts with regard to self-determination, in order to redefine the meaning and the application scope of self-determination. The third chapter talks about some limitations in the process of carrying out the right of self-determination. In the forth chapter, some issues during the realization of self-determination are suggested for further research.The purpose of the present thesis is to discuss the concepts of self-determination, with a particular focus on its application scope and limitations. In order to satisfy this purpose, the thesis systematically probe deeply into the history, meaning as well as the performance of the right of self-determination. This is probably an innovative approach.