Research On The Realistic Predicament And Value To The Right Of Peoples To Self-determination

As one of the basic principles of international law established, right of selfdetermination played critical role on national independence movements during the WWII to promote the movement for liberation in colonies. With the colonies lost, in contemporary, right of self-determination once as theoretical weapon against colonialism come to face realistic predicament. This essay goes deep into the realistic predicament and contemporary value from three directions: the controversy of notion, the conflict with principle of state sovereignty and value plight.The realistic predicament of right of self-determination presents in three aspects:(1) The controversy of notion, which is also the source of other realistic predicaments. The contents related to right of self-determination is capitulation, not meticulous, and for the limitation of language, the notion to right of self-determination is more of controversial.(2) The conflict with principle of state sovereignty, which is now the outstanding realistic predicament. Obviously, the principle of state sovereignty is priory to the right of self-determination. While some groups exercising right of selfdetermination bring harm to others. Especially, the right of self-determination going with two countries usually damage the principle of state sovereignty. Within the practical situations, right of self-determination has exceeded the principle of state sovereignty, which caused the conflict between them.(3) Value plight, which is the core to right of self-determination. Some people held that right of self-determination had gone behind the times, and go back to colonial times, which means to deny the current value and denounce the right. Other people held that we could apply the right into economy, society and other non-political fields, which means to deny the political value of right and bring the development of right into our county. They are all inadvisable.The solution to the realistic predicament is that we could improve notion and develop commonly with international law and domestic law.Within the theory, we could apply the right of self-determination to groups who are facing humanitarian crisis, at the same time, weather the groups are facing humanitarian crisis is up to the research of UN. As to the ways, different parties should be arranged by consultation in non-violence. What’s more, the specific forms live in the different situations. Together with international law and domestic law, the victims could cede parts of rights so as to exercise the right of self-determination. If there are some treaties we could resort to, it’s a legal way to exercise right. These treaties could be international agreements, bilateral treaty, even the constitution, which has been in reality: referendum in Scotland, regional national autonomy, special administrative region and so forth.Through the research on the realistic predicament and value to right of selfdetermination, I hope that the right of self-determination will be the theoretical leading role, and even the legal reference for actions in international community.