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Legal Aspects of Self-Determination (History of the legal term (UN…

- - - - The right of the people of a state to govern themselves without outside interference.
    - - the right of peoples to determine their own political status and to be free of alien domination, including formation of their own independent state.
  - - - Didn't mean that ethnic groups within those territories could break off from the people of the territory as a whole
- - - - Didn't mention the principle directly
      - Mandates
        
        “sacred trust” for states to promote the advancement of colonial territories that had previously belonged to the countries defeated in World War I, and these territories were placed under the League’s system of international mandates.
        
        Territorial adjustments after made off of political calculations of great powers, not some right of s-d
      - Åland Islands case
        
        Facts
        
        culturally and linguistically Swedish territory that wished to reunite with Sweden rather than be a part of the new Finnish State
        
        Experts deterimine:
        
        No right to S-D as it is based on treaties and not the covenant of the LoN
        
        Principle of justice and of liberty, expressed by a vague and general formula which has given rise to the most varied interpretations and differences of opinion
        
        Giving minorities of a population the ability to withdraw from a community to which they belong would destroy stability and order
        
        Possible to have right to S-D if a group is under extreme oppression
  - - - Only mentioned twice, only in the context of developing "friendly relations among nations" and the principle of "equal rights of peoples"
    - - Declaration on the Granting of Independence to Colonial countries and Peoples
        
        "[s]olemnly proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations" and declares that "[a]ll peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." It further declares that "[i]nadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence."
        
        Caveat:
        
        "Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations." The final paragraph reiterates "the sovereign rights of all peoples and their territorial integrity."
      - Declaration on Principles of International Law concerning Friendly Relations and Co-Operation among States in accordance with the Charter of the UN
        
        Reflects customary IL and is considered to be authoritative on S-D
        
        All peoples have right to S-D
        
        doesn't say that one of the goals of S-D is to provide every ethnically distinct people with a state
        
        The principle of territorial integrity or political unity would seem to be superior to that of self-determination, since "[n]othing in the foregoing paragraphs" shall be construed to authorize or encourage "any action" which would impair this principle. However, this restriction applies only to those states which conduct themselves "in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour." (emphasis added)
        
        Representativeness:
        
        Doesn't imply internal democracy, only means that state will not formally exclude one group
        
        So what happened to Bangladesh wasn't considered to fall within the provisions of the Declaration
      - Other General Assembly conventions
        
        Covenant on Economic, Social, and Cultural Rights
        
        Covenant on Civil and Political Rights
  - - - While it says that all peoples always have the right to determine their internal and external political status, subject to inviolability of frontiers
        
        Non-binding