Pillars of Contemporary International Law

Running head: INTERNATIONAL LAW
International Law
Name of the Student
Name of the University
Author Note

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Abstract
The doctrine of self-determination and the principle of non-intervention in the international
community are considered as two pillars of contemporary international law. The UN Charter has
established the essential principles that purport to uphold the territorial sovereignty and promote
human rights and individual freedom. These two principles under the International law aim at
regulating the relations between the states. The principle of non-intervention refers to the
prohibition of states to interfere into the internal affairs of other states without the consent of
such state. Such matters must be such for which the state should be solely responsible to deal
with. However, states can intervene into the domestic affairs of another states provided such state
had requested the intervening state to interfere and provide assistance to safeguard the
inhabitants from being subjected to any form of oppression or violation with respect to their
individual freedom and human rights. On the other hand, the right of political self-determination
has been recognized as an indispensible right that enables group of persons to determine their
respective political status of their choice in order to become a sovereign nation. This rights of
self-determination has led to conflict between the state government that opposes such secession
and ten people who claim to exercise their self-determination right which requires the others
states to intervene for providing assistance to such people. Bothe these principles of international
law have been recognized as fundamental rights that aims at safeguarding the human rights of
the individuals as well as governing the relations between ten states to ensure international peace
and security.

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Table of Contents
1.0. Research plan............................................................................................................................4
1.2. Aims and Objectives of the Research...................................................................................6
1.3. Research questions................................................................................................................6
2.0. Introduction...........................................................................................................................7
3.0. Research Methodology.........................................................................................................9
3.1. Research Outline...............................................................................................................9
3.2. Research Philosophy.......................................................................................................10
3.3. Research Approach.........................................................................................................10
3.4. Research Design..............................................................................................................12
3.5. Research Strategy............................................................................................................14
3.6. Data Collection Method..................................................................................................15
3.7. Reliability and Validity...................................................................................................18
4.0. Literature Review...............................................................................................................19
5.0. Reflective Summary...........................................................................................................25
1. Overview of the two principles of International law..........................................................25
2. Factors attributing to the emergence of the principles within the international framework
26
3. Impact of the right to self-determination and the principle of non-intervention................26

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4. Analysis..............................................................................................................................26
5. Development in the implementation of the two principles of the International Law.........27
6. Efforts of the International Community.............................................................................27
7. Sampling method................................................................................................................27
8. Data collection techniques..................................................................................................28
9. Conclusion..........................................................................................................................28
6.0. Discussion...........................................................................................................................28
Chapter 1....................................................................................................................................28
Chapter 2....................................................................................................................................34
Chapter 3....................................................................................................................................39
Chapter 4....................................................................................................................................43
Chapter 5....................................................................................................................................46
Chapter 6........................................................................................................................................50
Conclusion.................................................................................................................................50
Reference List................................................................................................................................53

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1.0. Research plan
1.1. Background
In the international law, the principle of non-intervention is an international concept that
has been introduced as a means to deal with the notion of anarchy, which lies, at the heart of
international politics1. The principle that the sovereign states shall be prohibited from intervening
with the internal affairs of other states is considered as one of the fundamental rule under the
International law2. It is perceived as a significant means as a result of which it has become a
fundamental rule that governs the relations between states. Universally, the United Nations (UN)
documents that is, the Charter and declaratory resolutions of the Assembly, has established this
pattern of conduct that is preferred to govern the international relations. The fact that the UN
Charter and various other relevant UN documents have consensually laid much importance to
this principle, has made it the most significant to cope with the principle of anarchy. However,
the implications of the disagreements and interpretation with respect to the scope of conduct are
subjected to controversies.
The right to self-determination is yet another significant right embedded in the UN
Charter. The United Nations Resolution of 1960 clearly states that people of every state are
entitled to the right to self-determination3. This right enables the people to determine their
political status freely about becoming an independent nation4. This principle of self-
determination often makes it difficult in some cases, to permit a category of people within the
geographical autonomy to determine to separate themselves from their common wealth bond and
1 Vincent, Raymond John. Nonintervention and international order. Princeton University Press, 2015.
2 Von Glahn, Gerhard, and James Larry Taulbee. Law among nations: an introduction to public international law.
Routledge, 2015.
3 Clark, Donald, and Robert Williamson, eds. Self-Determination: International Perspectives. Springer, 2016.
4 Burke-White, William W. "Crimea and the international legal order." Survival 56.4 (2014): 65-80.

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create a separate sovereign and independent nation. The right to self-determination is
fundamental principle of contemporary international law.
The United Nations Charter enforcement in 1945 formed the political and legal basis of
the decolonization process that witnessed the birth of 60 new states in the twentieth century.
Peoples all over the world are entitled to exercise the right to self-determination, which refers to
the determination made, by a group of people within a defined territory. The people shall
determine to form a government that understands their aspirations, need and relate with other
government that is already a sovereign state. The Charter considers the right to self-
determination crucial in promoting international peace and security5.
The principle of non-interference in domestic affairs of the member states of the United
Nations fortifies the traditional practice of adherence to the national integrity of the population of
any state. It also toughens the practice of making efforts with a view to secure the self-
determination of specific people in a state, which may amount to intervention with the affairs of
the state. The right to self-determination embedded in the UN Charter entitles any group of
people that have the craving of becoming a sovereign state who shall attain recognition by by
other states as well. Although recognition is a purely political tool which is usually used by
states to strengthen their interests in the international relations, but is has received appreciation
by the nations that are emerging as a part of the legitimacy tool. Further, the use of the tool of
legitimacy has not only earned appreciations and is cherished but it has been successful in
drawing attention of the emerging states to apply the same6.
5 Ryngaert, Cedric. Jurisdiction in international law. OUP Oxford, 2015.
6Koskenniemi, Matti. "Fragmentation of international law: difficulties arising from the diversification and expansion
of international law: Report of the study group of the international law commission." (2014).

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1.2. Aims and Objectives of the Research
The main aim and objectives of this research is as follows:
 To understand the concept of the principle of non-intervention in the international
relations;
 To understand the right to self-determination in the International laws;
 To explore the legal aspects of international intervention and the principle of non-
interferences under the international law;
 To understand how international practice promotes the right of political self-
determination and the principle of non-interference;
 To comprehend the significance of the right of political self determination, recognitions
and statehood in the context of international contemporary law;
1.3. Research questions
 What is right to self-determination under the International Law?
 What is understood by the concept of non-intervention in the context of International
law?
 What are the legal aspects of international intervention and the principle of non-
interferences under the international law?
 How international practice promotes the right of political self-determination and the
principle of non-interference?
 What is the significance of the right of political self-determination, recognitions and
statehood in the context of international contemporary law?

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2.0. Introduction
The right to self-determination is one of the most significant yet controversial principles
in the context of international law. It acts as a strong motto and a fundamental justification for
the freedom of many people, in particular, the freedom of colonial people. The right to self-
determination reminds the colonial aspect as this aspect of the right remains to be uncontested.
This right includes several elements and comprises several aspects7. The significance of this
particular right lies in the fact that it is associated with some of the most fundamental and
important principles of then public international law. The right embodies the concept of people’s
right to determine their respective destinies without being interfered or subjugated, taking into
consideration the fact that all people are equal. The right to self-determination has been useful in
forming a pretext for intervention of state and aggression into the affairs of other states.
Simultaneously, it has been equally used as a defense against the critique or intervention made
by other states, for instance, situations referred to as humanitarian intervention, a practice that
commenced since 1990s8.
The principle of non-interference prevents the sovereign states from interfering into the
internal affairs of the other states. This principle is based on the notion of international law in the
contemporary era that the sovereignty of states and territorial integration should be respected as
it governs the relations between the states with respect to the rights and obligations of the state.
Hence, it shall be unfair to intervene with the internal affairs of the other states9. This principle
has been established as one of the fundamental principle of customary or international law in
7 Forbes, Ian, and Mark Hoffman, eds. Political theory, international relations, and the ethics of intervention.
Springer, 2016.
8 Bellamy, Alex J. Humanitarian intervention. Routledge, 2017.
9 Pieterse, Jan Nederveen, ed. World orders in the making: humanitarian intervention and beyond. Springer, 2016.