Some Study About The Problems Of National Self-determination

Since the beginning of the 1960 s, global decolonization movement promotes national self-determination to appear on the international scene frequently. The principle of national self-determination has been deemed one of the fundamental principles of international law.The principle of national self-determination first appeared in the Western bourgeois democratic revolution thinking. Then through improvement of the continuous theory and practice,it evolved into a political principle in the international community. After the World War II, the principle of national self-determination has evolved into a legal principle from the political principle, which has been confirmed by the series of legal documents that international community has recognized and accepted. The principles make a big role in the global decolonization movement. The colonial system is basically collapsed and a large number of nation-states have established. In the first chapter, the author tried to clarify the main development of the principle of national self-determination and generalize the concept and content of the related context.However, with the continuous development of society, the practice of national self-determination encountered many kinds of difficulties. In the second chapter, the author mainly analysis the dilemma of the national self-determination practice from four aspects. The first aspect is the subject`s uncertainty. Which is the subject of national self-determination, the ethnic or the people? What`s the meaning of the ethnic and the people? ? These questions are all of uncertainties. The second aspect is the obstacle of the application of national self-determination.For example, in the application of national self-determination, it will inevitably conflict with the principle of national sovereignty. Then what is the solution? In East Timor and Kosovo’s independence process, how the international community parties to intervene the events? How to identify and correct application of national self-determination when Western countries under the guise of human rights to implement the "new interventionism". The third aspect is the untightness of the national self-determination practice. In the application of national self-determination, people often carried out by citizen referendum in violence or peaceful way these two methods. What a referendum is legally valid? What is the theoretical basis and limits of using violence way? Can the responsibility to protect the use of force as an exception? The fourth aspect is how todistinguish ethnic separatism under the guise of national self-determination theory continues to spread in today’s society ? These problems are affecting the practice of national self-determination.Practical difficulties will inevitably promote the improvement of theory. In the third chapter,we have to perfect the theory of national self-determination for the above problems to make it be better practiced. The first part is about body side, through determining the meaning of the ethnic and the people to determine the connotation of the body. The second part is when process encountered obstacles,it must respect the principle of national sovereignty. And applying national self-determination must be carried out within the framework of international law and the maintenance of stability should give full play to the role of the United Nations. The third part is the right form of the application. To regulate and improve the referendum system to ensure its legitimacy and effectiveness. And analysis in the use of violent means to adhere to the principle of prohibition of the use of force. Meanwhile it also has to discuss the " responsibility to protect" to illustrate whether the force can become an exception. In the fourth part, the author discuss the distinction between the concept of independence and separation of relief to distinguish separate discussion of national self-determination and ethnic separatism, ethnic separatism to prevent the abuse of ethnic self-determination.In the last chapter, the author first compare the ethnic autonomous right to national self-determination to understand the difference between the two contact. Then the author introduce of national autonomy system of ethnic regional autonomy under with distinctive characteristics. In the end,the author provides reference for the development of China’s ethnic autonomous right through the whole chapter studies on national self-determination, in order to better promote harmonious and stable multi-ethnic country.