International Law Report: Self-Determination vs Non-Intervention

This report delves into the core principles of international law, specifically focusing on self-determination and non-intervention. It examines these principles within the context of the UN Charter, exploring their significance in regulating state relations, upholding human rights, and maintaining internatio...Read More

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

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3. Impact of the right to self-determination and the principle of non-intervention................26
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.

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conformity with the purpose and principles of the UN Charter10. However, the application of the
principle depends on the determination of international laws and the matter in question
applicable within domestic jurisdiction. This right is subjected to controversies in practices of
international law.
There has been growing incline in the international interest in promoting political rights,
support of governance and eradication of dictatorships. In the context of international law, this
growing interest is apparent from the international conventions and practices that led to the right
of political self-determination. This right has become an essential part of global statutory
discussion, as it is dependable on the ideology of modern international law that gives utmost
importance to individuals. There is no doubt that the right must receive international support as
the dictatorial government does not recognize this right owing to its disregard to the needs of the
individuals and expose people to international crimes and suppression11.
However, international support obtained by this right to self-determination may result in
conflict with another fundamental principle of international law, the principle of non-
intervention12. This research paper discusses analyses the concept and evidence related to right to
political self-determination and the principle of non-interference within the framework of
international law13. It further analyses the significance of the right to self-determination and the
principle of non-interference in safeguarding human rights and uphold dignity of human rights.
These two fundamental laws of international law are interrelated with respect to actions or
10Arend, Anthony Clark, and Robert J. Beck. International law and the use of force: beyond the UN Charter
paradigm. Routledge, 2014.
11 Mingst, Karen A., and Ivan M. Arreguín-Toft. Essentials of International Relations: Sixth International Student
Edition. WW Norton & Company, 2013.
12 Baylis, John, Patricia Owens, and Steve Smith, eds. The globalization of world politics: An introduction to
international relations. Oxford University Press, 2017.
13 Hehir, Aidan, and Robert Murray, eds. Libya, the responsibility to protect and the future of humanitarian
intervention. Springer, 2013.

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objectives, which is to ensure welfare of the people and prevent unnecessary interference of
states within the domestic affairs of other states14.
3.0. Research Methodology
Research methodology provides a systematic approach for the researcher to decide on the
appropriate research methodologies based on the research and objectives of the research. The
selection of an appropriate research methodology enables the researcher to complete the research
successfully. Research methodology lays more emphasis on exploring, describing and
anticipating a particular research phenomenon. In the case of this research, the researcher states
the significance of the principles of non-intervention and the political right of self-determination
within the context of international law. The researcher further includes evidence relating to
implementations of the self-determination and the principle of non-intervention in practice.
3.1. Research Outline
The research outline briefly describes the chosen research methodological tools that are
implemented by the researcher while completing the research. The justification of the selected
tools includes the following:
 Research philosophy – this type of research tools is useful for interpretivism;
 Research design – this type of research tools is useful for descriptive purpose;
 Research approach- This type of research tool is descriptive in nature;
 Research Strategy- this tool is deductive in nature;
 Data collection Process – this refers to the secondary process in which the researcher
collects data;
14Mac Ginty, Roger. No war, no peace: the rejuvenation of stalled peace processes and peace accords. Springer,
2016.

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 Data Analysis process –This process refers to the qualitative analysis process that is used
by the researcher while completing the research;
3.2. Research Philosophy
The three most significant research philosophies include realism, positivism and
interpretivism. Positivism philosophy is dependent on the quantifiable observations, hence,
providing statistical data analysis15. This type of positivism philosophy can be justified by
undertaking scientific tests, which is the only possible way to determine the genuineness of the
research. Nevertheless, there are certain limitations that are faced by the researcher while
carrying out the data collection process, which acts as challenges for the researchers to justify
their choice of research philosophy.
On the contrary, realism philosophy is dependent on constant researching and as
scientific methods, it is considered as an inappropriate in the certain aspects, which may cause
hindrances while bringing out the truth while completing the research. A constant research
prohibits the researcher to conclude the research in the desired manner under the realism
philosophy research method. As asserted by Wahyuni (2012), interpretivism philosophy is often
defined as meaningful observations that permit the researchers to conduct study from the human
perspective instead of considering the scientific methods.
3.3. Research Approach
In the opinion of Smith (2015), the two most significant types of research approaches
include deductive and inductive approaches while conducting the research. The deductive
approach refers to the testing of theories effectively to enable the researcher to develop a
15 Glennon, Michael. "The Limitations of Traditional Rules and Institutions Relating to the Use of Force." The
Oxford Handbook of the Use of Force in International Law. 2015.

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hypothesis or theory and developing strategies to test such theory. There are three essential
methods to conduct a research applying the deductive method. Firstly, the researcher states the
hypothesis that is examined with research literature or theory. Secondly, the data is collected
which enables the researcher to examine the hypothesis. Lastly, the researcher makes the
appropriate decision by rejecting or accepting the hypothesis relying on the conclusion.
On the contrary, the inductive method is a scientific method that is appropriate under
circumstances when the researcher aims at generating hypothesis and theories in order to
understand what is taking place in reality. This approach of reasoning is the basic way to develop
theories while researcher collects data in a scientific manner with a view to develop theory
resulting from data analysis16. In practice, although both the approaches are not mutually exposed
but they are related to each other while conducting the research. However, the significance of
both the approaches lies in the fact that the presence of the approaches in research relies on the
research objectives and question.
While completing the research, the researcher has selected and implemented the
deductive approach, as this research approach is the most appropriate approach, especially, when
used with interpretivism philosophy. Furthermore, the deductive approach permits the researcher
to transform the general data to a particular data by relating the research topic with the
information gathered. Moreover, the application of this deductive research approach has enabled
the researcher to examine the theories and hypothesis regarding the implementation, legal aspect
and impact of the principle of non-intervention and the right of political self-determination in the
context of international law. Since, the researcher is examining the formulated theories and
propositions instead of developing a new theory with respect to the research topic, the use
16 Richardson, Henry J. "Critical Perspectives on Intervention." (2014).

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selection of deductive research approach is more appropriate than the inductive research
approach.
3.4. Research Design
The research design is used to address the research questions that were taken into
considerations in this research paper. The research design is drawn from the research questions
that determine the objectives of a research17. Research design is a dependent element, which
assists the researcher to make decision with respect to the questions to be studied, the
information relevant to the present research topic, the data collection method and conduct
analysis of the findings. According to Saunders (2003), there are three essential types of research
design namely, exploratory, descriptive and explanatory.
 Exploratory- this form of research is used to answer the ‘what’ questions that are
included in the research questions. It further might lead to appearance of new
phenomenon or it might result in insufficient knowledge in relation to any part of the
research topic. This approach is also recommended to approve the objectives made by the
researcher by gaining new insights about any particular issue that is appropriate and
relevant to the research topic. This concept is adequately adaptable and flexible to
embrace the changes taking place regularly owing to the constant updates of the
hypothesis and new information18.
 Descriptive- the descriptive concept tends to answer the ‘who, how, where, how much’
questions. Descriptive research is also known to be archival research because of the use
of archival records. This concept is not only useful but also vital, especially, under
17 Fukuyama, Francis. State building: Governance and world order in the 21st century. Profile Books, 2017.
18 Jackson, Robert, and Georg Sørensen. Introduction to international relations: theories and approaches. Oxford
university press, 2015.

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circumstances when the researcher lays emphasizes on description and details of the
phenomena to predict about particular things. Unlike the exploratory approach, which is
based on qualitative research, the descriptive approach uses the qualitative way of
analyzing with the help of the archival records, secondary data, questionnaire, etc.
 Explanatory- this form of research is considered as casual research and is usually
conducted to address the ‘how’ and ‘why’ questions in the research study. This casual
research approach is conducted to determine or find casual relationships between
variables. This form of research uses the qualitative way of research, which includes
histories, experiments case studies that aim at describing relationships, thus, expressing
the cause and outcome of any particular incident19. The explanatory research design is the
most useful ad appropriate form of research for conducting new studies, thus, making
significant contribution in comprehending the findings of the subject of the research.
In case of this research, the researcher has selected the exploratory research design by
applying the qualitative way of research to address the ‘what’ questions included in the research
questions under the research topic. While applying this form of approach, the researcher has used
case studies, histories and other relevant yet significant information with respect to the research
topic. This form of explanatory researches has enabled the researcher to discuss about the cases
where the right of political self-determination has been upheld and backed by the International
Court of Justice. The researcher have described the conditions which grants the application of the
principle of non-intervention or non-interference as an assistance instead of an intervention
which is strictly prohibited within the framework of International relations. The use of this form
of research design has enabled the researcher to discuss about the legal aspects of the principle of
19Chen, Lung-chu. An introduction to contemporary international law: a policy-oriented perspective. Oxford
University Press, 2014.

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non-intervention and the right of political self-determination in the context of the International
laws.
3.5. Research Strategy
Based on the given topic of the research, research strategies define the survey to be
conducted for the purpose of analyzing the survey. The given research study uses various
strategies such as case facts, research procedures20. Here, it is important to mention that this
present research study deals with the emergence, concept, significance and the impact of the
international principles of non-intervention and the right of political self-determination within
the framework of International law.
The research study further includes the case studies, which establish the legal
significance, as well as the legal issues that are associated with the fundamental principles of
international law, which have emerged to be two most indispensible rules of law within the
framework of international law. This research deals with the international intervention in
promoting the principle of non-intervention and the concept of the right of political self-
determination. It further deals with the issues related to the interpretation of the rights as well as
the factors that cause hindrances to the smooth implementation of the two most indispensible
rules of international law21.
Hence, this research addresses the ‘who, when. Where, How, what’ questions relevant to
the research topic. The research study discusses about the various ways that defines the issues
associated with the two essential principles of international law and the evaluation of such issues
relevant to the research topic. The previous cases or precedents have been used in this research to
20 Smith, Rhona KM. Textbook on international human rights. Oxford University Press, 2016.
21Oppenheim, Lassa, ed. The Collected Papers of John Westlake on Public International Law. Cambridge University
Press, 2014.

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make the research more comprehensible and to explain the conditions under which such
principles should b implemented and impact the rules have on the people after its
implementation.
3.6. Data Collection Method
This is the most essential method in any research project and the data collection method
refers to the organization and preparations of the data collection to assist the researcher to
complete the research effectively without any hindrance22. An improper data collection method
may result in hindrances for the researcher to complete the research study. Such hindrances
generally arise when the researcher has more information than necessary, which can be of great
use only if they are expressed using the appropriate research approach as well as a proper data
collection method.
It is of utmost importance to use a data collection method that is most appropriate with the
research study, as it would assist the researcher to organize the data collection method in a
systematic way. The data collection method used in this dissertation is the secondary.
 Secondary data- secondary data refers to the second-hand data that is, data that are
already existing and have been collected as well as used by other researchers for
completing their respective researches. Secondary data sources usually describe,
interprets comments, emphasizes and summarize primary sources. It includes any
magazines, articles, newspaper articles, books, movies reviews, and journals, which are
usually used more than primary sources. The advantage of secondary sources is that it
includes an element of certainty as it includes summarized version of the sources that has
22Crawford, James. Chance, Order, Change: The Course of International Law, General Course on Public
International Law. Brill, 2014.

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been already used by previous researchers. Secondary data sources can be of quantitative
and qualitative nature and the utilization of this form of data while conducting a research
is visible in both the explanatory and descriptive research approach. The other advantage
of using secondary sources is that it saves a lot of time and money as well, having lesser
requirements, thus creating easier way to conduct longitudinal studies. However, there
are certain disadvantages of this form of data source23. Sometimes the purpose of the
sources does not match the objective of the researcher, thus, making the accessibility to
such data expensive. Therefore, such data may lead to unsuitable definition for the
required research subject, thus, affecting the standard of data quality that was required to
be present.
The aim and objective of the qualitative data is to endow with a complete and detailed
description, which is recommended to be applied during the initial stages of the research. The
subject of the research, if it is related with numerical, can be best analyzed using the quantitative
data collection method. The Qualitative form of data has more usage and is utilized more while
investigating about the fears, attitude and opinion of the people that can form a part of
quantitative analysis24. Qualitative data is considered as more rich and are relevant as it is time
consuming and there is less probability that such result shall generalized.
In this research study, the researcher has used secondary data sources to complete the
research. By using the secondary data sources, the researcher has used several journals, books,
articles and legislations while completing the research study. With respect to the data analysis
process used by the researcher to complete the research, the researcher has used the secondary
23 Mingst, Karen A., and Ivan M. Arreguín-Toft. Essentials of International Relations: Sixth International Student
Edition. WW Norton & Company, 2013.
24 Corntassel, Jeff. "Rethinking Self-Determination: Lessons from the Indigenous-Rights Discourse1." Movements
of Movements: Part 1: What Makes Us Move? (2017): 201.

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data sources method as this method has been considered as the most appropriate data analysis
process. The use of qualitative data analysis is useful as it is appropriate while working with
basic data collection relevant to the Research topic or subject.
The researcher has been collecting perspective data information that is relevant to the
research topic25. The effective data analysis procedure shall enable the researcher to understand
the way of using the data collection method. The data analysis that is presented in this research
study shall demonstrate a critical, meaningful and reflective analysis between comprehensive
research and data for achieving the aims and objectives of the research topic.
3.7. Reliability and Validity in secondary data collection method
Validity and reliability are two of the most essential elements that must be present while
the researcher analyzes the data using the secondary qualitative approach. Another significant
factor that a researcher must ensure while conducting the research is the consistency of the result.
The secondary qualitative research approach is used to achieve the aims and objectives of the
research study, which cannot be subjected to any form of duplication. Therefore, it can be said
that secondary qualitative research is based on unstructured forms that reveals the reality of the
issues that are being investigated by the researcher26.
Validity and reliability forms an integral part of data collecting methods that are useful
while conducting an analysis and developing essential findings of the research study27. This
would also enable the researcher to attain trustworthy and desired results with respect to the
25Eisenberg, Avigail, et al. Recognition versus self-determination: Dilemmas of emancipatory politics. UBC Press,
2014.
26Oeter, Stefan. "(Non-) recognition policies in secession conflicts and the shadow of the right of self-
determination." Recognition in International Relations. Palgrave Macmillan UK, 2015. 125-140.
27 Joseph, Sarah, and Melissa Castan. The international covenant on civil and political rights: cases, materials, and
commentary. Oxford University Press, 2013.

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subject of the topic28. The researcher had used the qualitative method of data collection in the
present research study to examine the legal aspects of the two rules of law in the context of
international law.
The researcher must ensure that it describes the concept, the legal aspects and
significance of the right of political self-determination and the principle of non-intervention by
state into the domestic affairs of other states. Besides, the qualitative data collection method
would also require the researcher to provide sufficient relevant evidences to establish the
implementation and impact of the principles in the contemporary international law. As discussed
above, while using the qualitative data collection method to complete the research, it is
imperative to ensure that the facts, evidences and other information gathered by the researcher is
reliable and legally valid, that is, the sources must be reliable29.
Further, the main purpose of using the qualitative data collection method is to achieve the
aims and objectives of the research study, which can be possible only if there is consistency in
the results, while conducting the research. The researcher here has been collecting information
about the relevant research topic and the use of secondary sources has enabled the researcher to
provide case facts, declarations, histories that are relevant to the research topic. The researcher
had an easy access to several books, articles and journals to obtain information relevant and
significant to the research topic30. Therefore, the use of secondary sources and the qualitative
method of data collection has been an appropriate selection made by the researcher in order to
achieve the aim and objective of the research study.
28 Durward, Rosemary. Religion, conflict and military intervention. Routledge, 2016.
29 Hehir, Aidan, and Robert Murray, eds. Libya, the responsibility to protect and the future of humanitarian
intervention. Springer, 2013.
30 Mac Ginty, Roger. No war, no peace: the rejuvenation of stalled peace processes and peace accords. Springer,
2016.

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4.0. Literature Review
The political right of self-determination is the legal acknowledgment of the people to
determine their political status relating to their emergence as an independent nation. The UN
Charter explicitly stipulated that people of every state has the right to self-determination. In this
global trend of democracy, the significance of individual freedoms and human rights have been
drawing more attention than before and are being accepted as the basis rules of contemporary
international law. As a result, it has become mandatory for nations to respect and promote the
individual freedoms and human rights beyond the political boundaries. As discussed above, the
right of political self-determination has been gaining recognition worldwide and has been
incorporated into several International Treaties and Covenants31. This is because this right of
political self-determination is considered as the foundation stone that strengthens the structure of
human thought. In the international community, the right to self-determination is a right that
supports democracy as a model of good governance, which is evident from the incorporation of
the right into the several international treaties and covenants.
In the contemporary era, the right of political self-determination forms a fundamental part
of the individual rights to civil liberties. In the legal parlance, in regards to the customary law
there are various ranges for the right to self-determination depending on the type of demand for
such right. The demand for customary law has been varying since the emergence of the right to
self-determination. Firstly, the right of political self-determination was demanded by the colonial
people to obtain independence from the colonization process. Secondly, this right to self-
determination gained popularity as it provided the means to secede from a sovereign entity.
Thirdly, in the contemporary international law, this right of political self-determination has been
31Koskenniemi, 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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gaining importance for its objective to achieve supreme level of good governance through
effective public participation in governance. The final demand is based upon the complete
acceptance of the democratic model and the significance of the right can be found in the
international practice32.
Further, the right to self-determination provides complement to the right of free speech,
which forms the basis for freedom of people. The significance of the right to self-determination
states that a form of self-realization of people is aligned with the longing of the people of
nationalism either culturally or politically33. It is essential to understand that the claim of self-
determination is a continuous process to attain the desired freedom that does not stop until such
person achieves such yearnings. However, such desired freedom is not dependent on individual
concerns but includes the combined desire of the population of any province or state.
The decisions and advisory opinions of the International Court of Justice with respect to
issues affecting the wishes of the people for self-determination in the East Timor’s case and the
Western Sahara case, clearly states that the moral and physical right of self-determination which
forms the landmark of legal precedence in the contemporary international law. Despite the fact
that the right of political self-determination is not an absolute right without any restrictions, the
right is treated as a human right and not as a political principle irrespective of the fact that there
is a restricted outcome of the right to self-determination, where this right is guaranteed to all
people based on the equality between people.
According to Gordon (2015), the right to self-determination has been subjected to several
controversies relating to its application beyond the context of colonization. However, in the
32 Ryngaert, Cedric. Jurisdiction in international law. OUP Oxford, 2015.
33 Bellamy, Alex J. Humanitarian intervention. Routledge, 2017.

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opinion of Cunningham (2014), the right to self-determination has faded away and has become
inconsistent with the development in human right over the past years. Hence, it was difficult to
link the concept of self-determination in the remnants of the colonial era with the developments
that took place in the field of human rights34.
The incorporation of the right of political self-determination in several Covenants and
Treaties is the evident of the significant of the right and the fact that it lays the very foundation
of the contemporary international law. This right entitles people all over the world to exercise
their right to self-determination to select a political status of their choice and determine their
respective cultural, economic and social development. Any group of person who wishes to stand
as a sovereign state and obtains recognition from other states as well is entitled to exercise this
right.
Article 2 (7) of the UN Charter does not permit international organizations to intervene
into the domestic matters of other states that falls within the matters of internal sovereignty of a
country. This prohibition forms another indispensible rule of international law known as the
principle of non-interference. This principle of no-intervention is not only applicable to the
member states of the UN Charter but also to the relationships existing between all the other
countries. Therefore, the basis of this ruling is sovereignty of every nation that is considered
equal for all nations, thus, prohibiting them from interfering with the internal matters of the other
states. This principle had received legal recognition in the context of international law and has
been construed as comprehensive legal principle of international law. Besides, the UN Charter,
this principle has been legally recognized in other international treaties and covenants such as the
Rights and Duties of States.
34 Hehir, Aidan. Humanitarian intervention: an introduction. Palgrave macmillan, 2013.

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According to Vincent (2015), the incorporation of this principle in the UN Charter under
Article 2(7) was interpreted as prohibition of the UN to interfere within the matters of others
states. Nevertheless, the interpretation of Article 3 of the Rights and Duties of States, by the
International Law Commission, has explicitly interpreted the principle of non-interference as a
prohibition of all states from intervening into internal as well as external affairs of other states.
Article 2(4) of the Charter requires state to prohibit the use or threat of force with respect to
their international relations. This provision explicitly prohibits state interventions by using force.
Since the article does not define the term ‘force’, it is assumed to include all forms of force such
as political and economic coercion but the provision signifies use of armed force. The judgment
of ICJ in the Nicaragua 1986, affirmed that the term ‘force’ includes indirect force within the
scope of the provision.
Glennon (2015) states that the phrase ‘threat of force’ include an implied or express
promise made by a government to resort to force as a condition on non-fulfillment of demands of
the government. According to the Declaration of Principles of International Law, the term
‘threat’ is an instrument of coercion and stipulates that the territory of state shall not become
acquired by another state by threatening to apply or actually applying force upon the state. The
phrase ‘threat or use of force’ included under Article 2(4) may lead to an infringement of the
political independence and territorial integrity of a state.
Further, Article 2(4) of the Charter prohibits the use or threat to use force between states
in the context of international law. Hence, Richardson (2014) pointed out that the provision does
not prohibits the use of force domestically or within the state. In other words, the provision does
not deprive the states from taking reasonable measures in order to maintain order within the
jurisdiction of the states itself. Similarly, the states may resort to apply necessary and reasonable

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force to suppress insurrections and riots and penalize dissenters, which shall not amount to a
breach of Article 2(4) of the Charter. The principle of sovereignty forms the basis of relations
among states as well as essential characteristics of a state.
The introduction of the principle of non-intervention within the context of International
law does not resolve the issue with respect to the determination of the fact when the interference
of state amounts to coercive, infringing the international law. Although the direct threat or use of
military force against a nation amounts to coercion but in the contemporary era, military is
merely a mechanism to compel a nation to act in compliance of the intervening state. The
Nicaragua case establishes the fact that the principle of non-intervention may extend to indirect
interference using other means, like political and economic measures. However, under Article
2(7) of the UN Charter, the organs of the Charter are prohibited from interfering into the matters
of others states over which the state is competent and solely responsible to deal with. However,
any assistance provided by a state to other states either on request made by such state or with the
consent of such state but such permission should be obtained prior to the intervention made. The
other significant intervention that does not amount to a forbidden intervention is the
humanitarian intervention, which includes use or application of force for the sake of
safeguarding the citizens of another state from being subjected to systematic abusive treatment.
Therefore, both the principles of international law form an integral part in safeguarding
the individual freedoms and human rights of people all over the world. The right of political right
to self-determination and the principle of state non-intervention both forms the pillar of
contemporary international law within the international community. The right to self-
discrimination enables persons to determine their own political status and secede to become an
independent nation. The principle of non-intervention prevents the sovereignty of a state by

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prohibiting others states from interfering into the internal affairs of the country provided such
interference has been requested or permitted by the other state to provide assistance or safeguard
people from being subjected to inhuman treatment.
5.0. Reflective Summary
1. Overview of the two principles of International law
The assignment includes research plan and literature review regarding what
various authors have talked about the emergence and development of the principle of
non-intervention and the right of political self-determination in the context of
international law. While contemplating this study, the research plan has provided me with
information about the manner in which a research must be prepared. The aims and
objectives of the research must be conducted effectively to ensure that the research
provides adequate information about the research topic given for this assignment. It also
talks about the background of the study related to the legal aspects of the two principles
of International law. While preparing the Literature review, I have obtained adequate
information about the legal concept of international intervention to promote the right of
political self-determination and the principle of non-intervention and the implementation
of the two rights. The research has helped me to identify the issues that cause hindrances
to the effective implementation of the principles in the context of international
framework.

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2. Factors attributing to the emergence of the principles within the international
framework
While contemplating the research, it has helped me obtain sufficient knowledge
about the factors that led to the emergence of the principle of non-intervention and the
right of political self-determination. This research had enabled me to have access to such
case facts and evidences that has made such principles as an integral part of the
contemporary international law.
3. Impact of the right to self-determination and the principle of non-intervention
The assignment further talks about the impact of the principles of international
law in practice. The authors have identified certain restrictions that have hindered a
smooth implementation of the principles. The assignment has enabled me to understand
the significance of the two principles in safeguarding the human rights and promoting
individual freedom. This assignment has helped me to understand that the right of
political self-determination has paved the way for the need to incorporate the principle of
non-intervention in order to uphold the human rights and the principle of sovereignty.
4. Analysis
While conducting the research, I came to know about the significance of the two
essential principles as well as their limitations. For instance, the principle of non-
intervention does not amount to breach of international laws if such intervention takes
place with an objective to safeguard the inhabitants of a state that has requested for
assistance or has permitted other states to interfere.

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5. Development in the implementation of the two principles of the International Law
The development trend in the international community with respect to the principle of
non- intervention and the right of political self-determination can be traced back to the
judgment given by the ICJ in the case of Western Sahara and East Timor. The court in
these cases upheld the right of the people to exercise their political self-determination to
determine their own political status. In regards to the principle of non-intervention, the
ICJ has held in Nicaragua Case that intervention is prohibited into matters of other states
if such matter is to be dealt with by the state.
6. Efforts of the International Community
While contemplating this research study, I have gained adequate information
about the various international covenants and treaties that have recognized the right of
political self-determination and the principle of non-intervention and such covenants and
treaties are binding upon the nations, thus, ensuring international peace and security
between the states. Such treaties and covenants include International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural
Rights. the other essential treaties and Covenants that have recognized the right to self-
determination includes Universal Declaration of Human Rights 1948, Copenhagen
meeting regarding the Organization for Security and Cooperation in the Humanitarian
Dimension 1990 and the African Charter on Human and Peoples Rights 1981.
7. Sampling method
In my opinion, research methodology is fundamental to any research study as it
takes into consideration, the various forms of investigations that are required to be

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conducted to complete the research. The data collection method is equally an essential
process, which enabled me to provide detailed information about the research topic.
8. Data collection techniques
The information provided in this assignment related to the subject topic has been
derived from secondary sources. The internet has proved to be an important source to
obtain information through articles and journals. There are various methods of sampling
in a research process which enables the researcher to provide reliable and valid
information in the assignment.
9. Conclusion
The assignment has enabled me to obtain adequate information about research
topic and the facts and circumstances that have made the principles of non-intervention
and the right of political self-determination the two most fundamental pillars of the
international law in the contemporary era.
6.0. Discussion
Chapter 1
Right of political self-determination in the International law
The right to self-determination is in harmonization with the other fundamental principles
of international law such as state equality, sovereignty of states, territorial integrity that further
includes the principle of non-intervention and prohibits exercise of force. Subsequent to the
introduction of the right to self-determination and given the fact that the right has become a
motto, it has enabled people in particular, the aboriginals and the minorities, have raised claims

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of freedom and independence from the foreign domination or have claimed for separation from
an established sovereign State entity35.
This right of self-determination is not only embedded within the international law but it is
also incorporated under the international human rights law, which also entitles people within a
state with equal rights. Further, the aspect of political and economic self-determination is closely
associated with the principles of non-interference36. This aspect is apparent from the colonialism
context whose traces can be found even today in the form of neo-colonialism. Furthermore, the
right to self-determination is used as an argument under diverse circumstances in international
law, which includes questions like rebels, liberation movements, intervention and aid and
assistance against such movements and groups. In the other words, the concept of right to self-
determination becomes relevant under several circumstances that may arise worldwide. The
emergence of this right goes back to the decolonization process, which led to a paradigm shift in
the context of international law. The introduction of the decolonization system led to an
establishment of a new system that comprises sovereign and equal states and the principle of
sovereign equality, which laid the foundation for contemporary international law37.
As discussed above, the right to political self-determination forms an essential part of the
civil liberties and rights of the individuals. This concept of self-determination emerged from a
simple motto to a principle and eventually into an actual right in the context of international law
despite the fact that the scope of self-determination persists to be subjected to controversies and
is undisputed38. The only aspect of such right that is indisputable and certain is the element of
35 Clark, Donald, and Robert Williamson, eds. Self-Determination: International Perspectives. Springer, 2016.
36 Sterio, Milena. The Right to Self-determination Under International Law:" selfistans", Secession and the Rule of
the Great Powers. Routledge, 2013.
37Smith, Rhona KM. Textbook on international human rights. Oxford University Press, 2016.
38Arend, Anthony Clark, and Robert J. Beck. International law and the use of force: beyond the UN Charter
paradigm. Routledge, 2014.

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independence from foreign or colonial domination, which forms the motto of the right. Besides,
these elements, there are other different views that is included within this right to self-
determination39. They are decolonization, post World War I, 2, and post Cold War, which
introduced the concept of humanitarian intervention within the framework of international law40.
Nevertheless, the notion of the right to self-determination is usually used in the post-colonialism
context.
Principles relating to self-determination in the context of international law
The relevant principles related to self-determination in the International law, one of the
most significant issue related to the concept should be address. The right to self-determination
includes two contradicting elements that are equally important and fundamental in the context of
international law. Firstly, one element is related to territorial integrity, sovereign equality and
principle of non-intervention. This element is significant because it acts as an obligation under
the international law to respect sovereignty of an independent state by prohibiting other state
from interfering into the domestic affairs of another state in other ways and it further prohibits
the exercise of force upon other states41. Secondly, the other element includes the significance
and the most importance reason of the right to self-determination in the first place, in particular,
the notion that peoples are entitled to govern themselves in case they are not subjected to self-
governance42.
These two elements often lead to a fundamental dilemma thus, causing much controversy
among the states and the experts. For example, it raises the question whether there is a possibility
39 Brace, Laura, and John Hoffman, eds. Reclaiming sovereignty. Bloomsbury Publishing, 2016.
40 Sterio, Milena. "Self-Determination and Secession Under International Law: The New Framework." ILSA J. Int'l
& Comp. L.21 (2014): 293.
41 Young, Robert. Postcolonialism: An historical introduction. John Wiley & Sons, 2016.
42Walter, Christian, Antje von Ungern-Sternberg, and Kavus Abushov, eds. Self-determination and secession in
international law. OUP Oxford, 2014.

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of secession being a right or whether it is prohibited. Further, if a portion of the population of
any recognized state has made self-determinate claim, it shall naturally collide with the claims
related to the territorial integrity of the entire population of the state. The significance of the right
to self-determination within the international framework lies in the fact that it is an expression or
extension of certain fundamental principles in the context of international law43. Such right
includes the principle of sovereign equality, non-intervention and territorial integrity in all its
forms irrespective of the fact whether there is a prohibition of direct application of force or any
other forms of intervention44. These principles are interrelated with each other in such a manner
that the application and definition of one principle is central to the application and definition of
another principle.
The subjects of international law comprise modern international law and States, which is
based on the common principle of equality in sovereignty. The right of self-determination is
incorporated in the UN Charter and this incorporation is not merely a codification but it signifies
a development of new principle in the context of international law, in particular the principle of
people’s equal rights and self-determination of peoples as stipulated under Article 1(2) and 55 of
the Charter. Article 55 of the Charter includes principle of social and economical cooperation
as well which implies that all people who are entitled to the right to self-determination, after
attaining self-determination, the other states are imposed with an obligation to not interfere with
the domestic affairs of state.
This principle as stipulated under Article 1 and 55 has been subjected to criticisms as
well. Firstly, under both the article clearly defines the rights of the people of one state to be
43Von Glahn, Gerhard, and James Larry Taulbee. Law among nations: an introduction to public international law.
Routledge, 2015.
44 Kaczorowska-Ireland, Alina. Public international law. Routledge, 2015.

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safeguarded from being interfered by other states or governments. It is revisionism to avert the
union of the terms ‘equal rights’ and ‘self-determination’ and the equal rights have been
conferred upon the states and not for the individuals45. The fact that the right to self-
determination is related to states is construed to be the intention of the drafters of the UN
Charter. Although this conception of the right to self-determination it is valid in the
contemporary international framework, but this cannot be perceived as the sole criticism of the
entire principle of international law46.
The other aspects of the political self-determination includes lack of definition of certain
important terms such as ‘people’ which is perceived to have been done intentionally with a view
to keep the scope unclear and open to several interpretation to satisfy the motivation of the
Member states. In addition, the confusion relating to the scope of the definition of the term
‘people’, a distinction is made between ‘minority’ and ‘people’, thus raising the problem relating
vagueness in differentiating between minority and people. The right to self-discrimination is
used to confirm the minority rights, especially on a political level47.
This principle is unambiguously stated under Article 2(1) and 78 of the UN Charter. The
concept of territorial integrity and the principle of uti possidetis are an expression of self-
determination that is perceived in the context of decolonization. The concept of uti possidetis is a
Latin term for ‘as you possess’ which is a principle in the international law according to which
any property pr territory remains with the possessor after the conclusion of a conflict unless
otherwise is stipulated in the treaty.
45 Bereketeab, Redie, ed. Self-determination and secession in Africa: The post-colonial state. Routledge, 2014.
46Dahbour, Omar. "23. The Ethics of Self-Determination: Democratic, National and Regional." Revival: Human
Rights in Philosophy and Practice (2001) (2017).
47 Buergenthal, Thomas, et al. International human rights in a nutshell. West Academic, 2017.

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The definition of self-determination includes prohibition of threat or use of force as
stipulated under Article 2 (4) of the UN Charter and is considered as a fundamental principle of
customary International law. This definition can be construed either extensively or restrictively.
In the context of restrictive interpretation, it aims at restricting the scope of this prohibition by
providing the states with the opportunity to intervene in the domestic affairs of other state
without contravening the international law. The question that is often associated with the term
‘force’ is whether it goes beyond armed force and whether economic force is incorporated within
the definition48. This has been argued by several states and has received support through
numerous Declarations of the General Assembly.
For instance, in the Friendly Relations Declaration, it has been state that the state is
obligated to refrain from political, economic, military and any other form of coercion that is
aimed against political independence and territorial integrity. This Declaration as well as the
International Covenants on Human Rights lays much emphasis on the right of the people to
determine their economic, political, cultural and social development49.
Chapter 2
Right of Political self-determination, statehood, recognition in the international contemporary
law
The conclusion of World War II established the need to respect human rights amongst
the politicians and the scholars. This development recognized the significance of human right of
self-determination in shaping the destiny of people, which is a fundamental aspect of the fruition
48 Ashcroft, Bill, Gareth Griffiths, and Helen Tiffin. Post-colonial studies: The key concepts. Routledge, 2013.
49 Joseph, Sarah, and Melissa Castan. The international covenant on civil and political rights: cases, materials, and
commentary. Oxford University Press, 2013.

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of international law50. International law is evolving according to international peace, which is
dependent on the deepest aspirations of human mind, thus, the human minds are placed in the
control of the practice with orientations and interests. This is evident from the intellectual
evolution that led to the abolishment of hatred and violence a as instruments of policy and
regulating the international activities through conventions and treaties.
There have been several international conventions and regional and international
instruments that deals with the right to self-determination such as the Declarations of Principles
of International Law ensuring Friendly Relations and Cooperation among States that has been
adopted by the General Assembly of the United Nations in 1970, Declaration on the Granting
of Independence to Colonial Countries and Peoples 1960. The other landmark treaties and
Conventions include International Covenant on Political and Civil Rights 1966, Universal
Declaration of Human Rights 1948, Copenhagen meeting regarding the Organization for
Security and Cooperation in the Humanitarian Dimension 1990 and the African Charter on
Human and Peoples Rights 1981. According to Article 1(2) of the UN Charter, it purports to
develop friendly relations among nations and respect the principle of equal rights and the right to
self-determination. According to Article 55 of the Charter stipulates to exhibit respect towards
principle of equal rights, right to self-determination, fundamental freedoms and human rights.
Further, the development of the universal trend to uphold the right to self-determination
that is entitled to people worldwide as an indispensible right in the International law. There have
been several instances where the court has supports unconditionally and unequivocally, the
claims of people to exercise their rights to self-determination taking into consideration their
50 Corntassel, Jeff. "Rethinking Self-Determination: Lessons from the Indigenous-Rights Discourse1." Movements
of Movements: Part 1: What Makes Us Move? (2017): 201.

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welfare and interest51. It is evident from the cases of East Temor 1995 and Namibia case of 1971
where the International Court of Justice has in its judgment has backed the people claiming
their rights to self-determination with respect to the issue of Western Sahara. In Advisory
Opinion on Legal Consequences for States of the Continued Presence of South Africa in
Namibia (South west Africa) Notwithstanding Security Council Resolution 276 [190], the right
to self-determination as stipulated in the UN Charter has been upheld. In Portugal v Australia,
the court dealt with the case of Western Sahara where the court held that the right to self-
determination had particular and direct relevance for non self-governing countries. Several states
fail to recognize the right to self-determination because of fear of secession such as the United
States of America, which was reluctant to take any measures based on the doctrine.
Another instance, that confirms the fact that the right to self-determination is considered
as a fundamental principle of international law is the Court of Justice has stated in its advisory
opinion issued on 9/7/04 relating to the legal outcome of the establishment of a wall in the
Occupied Palestinian territories by the government of Israel. The court held that the construction
of the wall along with the measures undertaken formerly, had caused serious impediment to the
exercise of the right to self-determination by the Palestinian people and hence Israel is statutorily
obligated to respect such right52. All the international conventions have given meaning to the
moral and physical right of self-determination, thus, creating landmarks of legal primacy in
contemporary international law. The basis of this right has developed its strength from the
aspiration of people to attain political and a national destiny.
51 Eisenberg, Avigail, et al. Recognition versus self-determination: Dilemmas of emancipatory politics. UBC Press,
2014.
52Oeter, Stefan. "(Non-) recognition policies in secession conflicts and the shadow of the right of self-
determination." Recognition in International Relations. Palgrave Macmillan UK, 2015. 125-140.

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The right of self-determination has been recognized as a rule of law under the
International law. The practice of states by taking part in the international conventions that
promotes the rights of people is enough evidence to establish that this right satisfies the
requirements that must be present to be considered as customary law in practice53. This right has
been persistently dealt with in the international negotiations and discussions and has been given
much importance in the international conventions as well as in policy instruments, which makes
it a significant rule of law and an imperative legal basis within the framework of international
law.
The right to self-determination has received support and recognition from several
International treaties and International humanitarian laws as it is a consensually agreed fact that
the right of self-determination is a natural right that is safeguarded under the law. In the
contemporary era, human rights merely provide legal means to safeguard the fundamental
freedom of the population to political, economic and social opportunities, both collectively and
individually54. It could be argued that the main objective of right of self-determination and
human rights is to safeguard whether individually or collectively. Collective self-determination is
considered as the most appropriate way to safeguard the human rights of member of the
countries and eventually improve the standard of life. The right to self-determination has
provided all the individuals with freedom to participate in decisions that is related to sovereignty
of the territories of the respective individuals.
The right to self-determination goes beyond the individual human rights as it grants a
number of rights, which are necessary for identifying a particular group. These rights include
53Gagné, Marylène, ed. The Oxford handbook of work engagement, motivation, and self-determination theory.
Oxford Library of Psychology, 2014.
54 Von Glahn, Gerhard, and James Larry Taulbee. Law among nations: an introduction to public international law.
Routledge, 2015.

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positive obligations on the international community to respect cultural heritage of several ethnic
groups. Moreover, it must be understood that the right to self-determination cannot be said to be
an absolute right that has no restrictions55. Unlike the absolute rights that are ranked in
accordance with the formulation of jurisprudence, this right is not purported to safeguard the
personal physical safety of the groups of individuals56. On the contrary, to the absolute rights, the
exercise of the right to self-determination includes significant changes to the institutional and
structural outline of any state.
As discussed above, the right to self-determination refers to two different forms- an
internal form and an external form. The internal form refers to the democratic and human rights
value, in which, rights of people are recognize within an independent state. On the other hand,
the external form refers to the concept of secession57. The primary objective of people following
secession with respect to their right to self-determination is to establish a new state entity. The
controversies surrounding the creation of state and its nature distinguishes the scholar as
declaratorists and constitutivists, however, the act of recognition is something that unites such
scholars. In the 1933 Montevideo Convention, the Convention identified the features that must
be present to define a state, that is, the criteria that should be fulfilled to be considered as state.
These conditions include a government, a certain percentage or amount of population, a defined
territory and the capacity to enter into relations with respect to other states.
It is evident that recognition, in particular, from powerful international community
members, is a political act and has proved to be vital under certain circumstances. Moreover,
even viability is considered as an additional criterion that would define a state. In the event, the
55 Cunningham, Kathleen Gallagher. Inside the Politics of Self-determination. Oxford University Press, 2014.
56Wehmeyer, Michael L., and Karrie A. Shogren. "Self-determination and choice." Handbook of evidence-based
practices in intellectual and developmental disabilities. Springer International Publishing, 2016. 561-584.
57 Gordon, David C. Self-determination and History in the Third World. Princeton University Press, 2015.

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declaratory theory is accepted which stipulates that statehood is determined by facts and not
recognition, it would become difficult to deny de facto states such as membership of Somaliland
or Taiwan in the community of states. The other issue that may arise is in the absence of terrae
nullius (territory unacquired and unoccupied), seceding entities can obtain second feature that is
mentioned in the Montevideo by contravening the norms of the international law. The norm
includes prohibition on the use of territorial integrity and the use of force, which is correlated
with the flexibility and occurrence of anti-secessionist positions among states58.
Nevertheless, the concept of self-determination has gained full legal status, which is
evident from the several treaties, conventions, declarations that have embedded the right as one
of the most important right in the International law. Furthermore, the conduct of the states
signifies the relevance and significance of the principle in the context of international law owing
to the objective of the right to reinforce the element of opinion juris.
Chapter 3
Legal aspects of international intervention and the principle of non-interference in international
law
The principle of sovereignty forms the basis of relations among states and has been
declared as classical principle of international law. Sovereignty is considered as fundamental
characteristics of any state despite the fact that it underwent several changes in the past years59.
Sovereignty refers to the existence of internal competence and the concept of non-intervention in
the internal affairs of the other states is simply the outcome of the principle of sovereignty60. The
58 Wolff, Stefan, and Annemarie Peen Rodt. "Self-determination after Kosovo." Europe-Asia Studies 65.5 (2013):
799-822.
59 Falk, Richard. Humanitarian intervention and legitimacy wars: seeking peace and justice in the 21st century.
Routledge, 2014.
60 Mitchell, Audra. International Intervention in a Secular Age: Re-enchanting Humanity?. Routledge, 2014.

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UN Charter does clearly define the principle of non-intervention but the concept is implied in the
statement of Principles of the Charter under Article (2). Article (2) (1) stipulates that all the
member states of the Charter shall be entitled to sovereignty61. As per Article (2) (3) of the
Charter stipulates peaceful settlement of the international disputes. The two most relevant and
significant provisions with respect to the principle of non-intervention are Article 2(4) and
Article 2(7) where the former provision prohibits the application of force which also includes the
prohibition of military interference by states. The latter provision establishes the UN jurisdiction
with respect to the vicinity of the discretion of sovereign states, thus, restricting UN intervention
as well.
The principle of non-intervention lacks proper definition as a result of which it refers to
the intervention made by the state in the foreign or internal affairs of another state. Such
intervention from other state is prohibited when it takes place in the fields of State affairs, which
is the sole responsibility of the inner state actors, taking place through forcible means and aims at
imposing certain conduct of consequence on sovereign state62. The International Court of
Justice (ICJ) is set out in the Military and Paramilitary Activities in and against the Nicaragua
Case. In Nicaragua v United States of America, the ICJ held that intervention is only prohibited
if it is related to matters, which allows each state to make decisions with respect to such matters
based on the principle of sovereignty63.
Intervention is wrongful when it uses procedures of coercion in respect to choices, which
requires to be decided freely. The definition of the concept is subjected to controversies as the
61 Thakur, Ramesh. The United Nations, peace and security: from collective security to the responsibility to protect.
Cambridge University Press, 2016.
62 Vincent, Raymond John. Nonintervention and international order. Princeton University Press, 2015.
63 Durward, Rosemary. Religion, conflict and military intervention. Routledge, 2016.

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definition of domestic affairs that are safeguarded by state sovereignty and the fact whether
forcible means are applied, still lacks concrete implementation.
a. Domestic jurisdiction- it is not easy to determine whether any area falls within the
category of domestic affairs of any state. In the general context, domestic affairs are
affairs that are not dealt with by the international treaties, international rules or customary
international law. In the era of globalization, there has been an incline in the need of
international system of interdependence and cooperation, where more problems are
subjected to international concern, very few matters are left to be considered as domestic
matters. Traditionally, while the development and choice of a political, social, economic
and cultural system along with the formulation of foreign policy was considered to be
domestic affairs, but in the modern day, these matters have been reduced with the
enforcement of several international treaties and customary international law. In order to
address the international problems, co-operation has become a necessity in the
traditionally domestic fields64. There is a constant tension between the refusal of matters
of complete national jurisdiction and the increasing international treaties makes it
impossible provide a permanent definition of the concept ‘domestic jurisdiction’.
b. Dictatorial or Forcible Means- an intervention is prohibited when such the intervention
involves the application of force or is conducted through dictatorial means. There must be
a presence of coercion or at least a threat to use coercion. This part of the definition has
been of great importance to justify the notion of prohibition of intervention by other
states into the internal affairs of other states. Article 2(4) prohibits all Members from
using force, which prohibits force beyond war for including other form of threat of force.
64 Dinstein, Yoram. The conduct of hostilities under the law of international armed conflict. Cambridge University
Press, 2016.

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Article 2 (6) of the Charter stipulates that in order to maintain international peace and
security, Organizations must ensure that the Member states are complying with the legal
norm of non-intervention.
Further, Article 35(2) of the Charter permits non-member states to notify the Security
Council or the General Assembly regarding any dispute to which such non-members are
parties. Lastly, Article 103 establishes that in the event of any conflict between the
obligation of the Member states and other international agreements, under the UN
Charter, the obligations of the member states shall prevail over other international
agreements65. This implies that UN Charter provides a framework that prohibits use of
force while intervening into the internal affairs of another country but the lack of concrete
definition of the notions stipulated under Article 2(4) of the Charter, subjects the concept
to several controversies.
c. Legal Foundation- this concept is one of the most essential duties of the state and is a
part of customary international law as was established by the ICJ in the Nicargua case.
This principle is subjected to contravention by a single state as well as by group of states
or even by an international organization. Private persons, multinational companies or
private institutions cannot infringe the principle through their behavioral conduct.
Nevertheless, the behavior conduct of such private institutions, persons or multinational
companies may be considered as state behavior and thereafter a state shall be held liable
for the conduct or omission of these persons, institutions and MNCs. The state shall be
held responsible only if it tolerates any private entity to act within the official functions
of the state. The state is also responsible for the conducts or omissions of private entities
65 Von Glahn, Gerhard, and James Larry Taulbee. Law among nations: an introduction to public international law.
Routledge, 2015.

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provided its own organs have acted in co-operation with the private entities and has
contributed to the intervention of the international obligation of the member states66.
In regards to the organs of the UN, the principle of non-intervention has been stipulated
under Article 2 (7) of the Charter. This provision prohibits all the organs of the UN Charter to
intervene into matters that falls within the domestic jurisdiction of any state67. The principle of
non-intervention must be comprehended in a broader sense in the context of International law.
All forms of interventions are forbidden, irrespective legal effect such intervention might have
on the state. The rule is also applicable to resolutions that are non-binding in nature and other
decisions along with recommendations. However, it is not applicable to topics that are subjected
to question whether they fall within the category of domestic affairs of a state.
In this circumstance, the meaning of the term ‘domestic jurisdiction’ has same meaning in
the context of international law as is used in the context of inter-state relations. It is absolutely
forbidden to interfere in matters for which the state is absolutely responsible and competent to
deal with. However, in practice, the UN has developed a reliable tendency to restrict the scope
domestic jurisdiction with respect to the maintenance of peace and security and the human
rights68.
Chapter 4
Legal concept of international intervention to promote the right of political self determination
It is essential to make essential distinction between the international intervention to
safeguard human rights and international intervention to promote the right of political self-
66 Ryngaert, Cedric. Jurisdiction in international law. OUP Oxford, 2015.
67Chen, Lung-chu. An introduction to contemporary international law: a policy-oriented perspective. Oxford
University Press, 2014.
68 Murphy, Anthony, and Vlad Stancescu. "State formation and recognition in international law." Juridical Trib. 7
(2017): 6.

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determination. However, both the interventions aim at upholding the dignity of human rights
along with the interrelatedness and interdependence which the interventions share relating to the
actions or goals of such intervention69. The international jurisprudence intends to lay more
emphasis on unilateral intervention with a view to safeguard the basis human rights such as
torture, persecution, murder instead of concentrating on the interventions for the purpose of
fostering political self-determination.
Despite the arguments that democratic politics and political options for the populace
could make necessary contribution to bring an end to the human rights violations, the
international intervention promotes the right to political self-determination. A glaring example of
the fact that international intervention supports and upholds the right to self-determination is the
Security Council Resolution 940, which was passed to support democracy in Haiti by restoring
the constitutional government to the country after it was led by the military coup. Another
significant example includes the U.S. prosecution that was held with respect to the invasion of
Panama in the year 1989 and the economic sanctions that were imposed on South Africa during
the apartheid era70.
The international intervention for the protection of the human rights can be divided into
two types- apparent intervention and hidden intervention. Apparent intervention refers to the
safeguarding the human rights and hidden intervention aims at fulfilling the same objective by
promoting the political self-determination71. This is evident from the intervention that took place
in Kosovo in 1999 whereby the international community intervened with the view to safeguard
ethnic Albanians from atrocities and genocides that were committed by the Serbians against
69 Bederman, David, and Chimene Keitner. International law frameworks. West Academic, 2016.
70 De Visscher, Charles. Theory and reality in public international law. Princeton University Press, 2015.
71Oppenheim, Lassa, ed. The Collected Papers of John Westlake on Public International Law. Cambridge University
Press, 2014.

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them. Under such circumstances, the right to self-determination had played a significant role in
the midst of the crisis. It is further evident from the incidents that took place in Kosovo when the
Slobodan Milosevic announced autonomy of the Kosovo Albanians.
After the declaration, in 1991 the Kosovo people held a referendum which resulted in
claims of people to secede from Serbia and establish an independent republic. However, the
Serbian government did not pay heed to te desire and demand of the people of Kosovo which led
to an armed clash that ultimately resulted in infringement of several human rights. Under such
circumstances, the international community launched a program of military intervention with a
view to safeguard the human rights especially persecution, murder and torture. This is an evident
of an apparent intervention as well as a hidden intervention that was achieved through the
creation of the sovereign state of Kosovo.
In regards to the development of global trend towards democracy, there has been an
increase in the significance of individual human rights and freedoms which has received
recognition in the international Community72. Due to the recognition of such individual human
rights and freedoms, they are being accepted as the fundamental principles within the
international legal framework. Consequently, the recognition of these rights in the context of
international law has obligated nations to respect these rights without having regards to the
difference in the political borders73.
The respect for human rights and freedoms including the right to political self-
determination cannot be achieved if every nation is permitted to deny or observe these rights
based on their borders. Hence, it is advisable and expected from every state to respect and uphold
72 Crawford, James. Chance, Order, Change: The Course of International Law, General Course on Public
International Law. Brill, 2014.
73Shelton, Dinah. Remedies in international human rights law. Oxford University Press, USA, 2015.

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the individual human rights and freedoms beyond its borders and that each state is further
expected to respect the rights and freedoms of other states as well. The Article 56 of the UN
Charter reaffirms this opinion by stipulating upon the member states the obligation to act
individually or promises to extend complete support in order to achieve the purposes set out
under the provision74.
The International Covenant on Civil and Political Rights have supported the right to
political self-determination by virtue of which people shall be capable of determining their
political status and freely pursue their social, cultural and economic development. several
regional conventions have also upheld the rights of political self-determination such as the
Charter of the European Union which has also incorporated the political right which lays
emphasis on the principles of human dignity. It entitles its people to take part in the government
of the country and enjoy their basic individual human rights and freedoms75.
The declarations and decisions that support human rights and the customary rule through
the conduct exhibited within the international community have unambiguously laid the
foundation for a statutory obligation to support and preserve the right to political self-
determination. The declarations and the decisions establish the fact that the right should be
respected beyond any territorial boundaries that otherwise is meant to separate the nations form
each other. However, despite the support obtained by the right through the powerful international
assistance to defenseless people, this right is often found to be contradicting with the principle of
non-intervention. Nevertheless, the right to political self-determination is widely used both in
74 Mingst, Karen A., and Ivan M. Arreguín-Toft. Essentials of International Relations: Sixth International Student
Edition. WW Norton & Company, 2013.
75Chen, Lung-chu. An introduction to contemporary international law: a policy-oriented perspective. Oxford
University Press, 2014.

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legal literature and in some statements as well as in advertisements in the context of International
organizations76.
Chapter 5
International practice to promote the right of political self-determination and the principle of
non-interference
The right to self-determination is considered as the chief principle in modern
international law, which is binding upon the UN as authoritative interpretation of the norms
stipulated under the Charter. The rights of political self-determination stipulate that the nations,
which promote respect for the principle of equality and fairness of opportunity, are entitled with
the right to determine their respective political status and sovereignty without any external
interference. The people are entitled to select their political status freely without any interference
and cannot be forced to select the same under any form of compulsion, which was the case in the
Atlantic Charter77.
In 1945, after the ratification of the UN Charter, post the World War II, the right of
political self-determination has been given utmost importance within the framework of
diplomacy and international law. One of the purposes of the UN is to develop friendly relations
among the nations based on the universal principle of equal rights and self-determination. The
Charter purports to undertake several other reasonable measures to fortify international peace.
The UN General Assembly adopted the General Assembly Resolution 1514 (XV), which
was passed to grant the independence to colonial countries. It further provided an inevitable
connection between the right to self-determination and its goal of decolonization, which
76 Donnelly, Jack. Universal human rights in theory and practice. Cornell University Press, 2013.
77 Wolff, Stefan. "Conflict management in divided societies: The many uses of territorial self-governance."
International Journal on Minority and Group Rights 20.1 (2013): 27-50.

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introduced a new international law-based freedom right in the form of economic self-
determination. In 1966 the UN introduced International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights. Both these
Conventions stipulates under Article 1 that all people are entitled with the right of self-
determination by virtue of which they shall be entitled to freely choose their political status as
well as pursue their social, economic and cultural development.
Self-determination is also recognized as a right of indigenous people as mentioned in the
Declaration on the Rights of Indigenous Peoples that was adopted by the UN General
Assembly in 2007. The principle of self-determination is identified as an indispensible tool for
safeguarding Human rights. The inclusion of the principle within the UN Charter signifies the
recognition of the principle as fundamental for maintaining friendly and peaceful relations
among nations. In the Western Sahara case and the East Timor case, the principle of self-
determination has been recognized and upheld by the International Court of Justice. Further,
the UN Human Rights Committee in the context of Elimination of Racial Discrimination has
explained the scope of the right to self-determination in details. Further, the inclusion of the right
to self-determination in the International Covenants on Human Rights, Vienna Declaration
and Program of Action establishes the fact that the right of political self-determination forms a
fundamental part of the human rights law, which is universally accepted.
Moreover, the recognition and compliance with the right of political self-determination is
mandatory to ensure enjoyment of other fundamental freedoms and human rights irrespective of
the fact whether the rights are civil, economic, cultural, social or political in nature. Individual
human rights and group rights of minorities, religious groups etc are closely associated with the
equal right of self-determination in various ways. The principle of equal right of self-

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determination of all people and the need to safeguard all the minorities as stipulated in the
Unrepresented Nations and Peoples Organization Covenant, 1991.
In the similar manner, a recognition of the right of people and their ability to act as a
separate entity also obligates them to respect universal standard of human rights conferred upon
the individuals. Although the right to self-determination is a collective right that belongs to all
the people, it is also a right that is possessed by an individual who belongs to that people. Hence,
the violation of human rights amounts to the violation of the right of an individual as well.
The principle of non-interference in the domestic affairs of state is another fundamental
principle in the International law and is considered as one of the foundation for the World War
II. This principle is based on the UN Charter which prohibits intervention of any state into the
internal affairs of other states as a subject of international law as is stipulated under Article 2(7)
of the Charter. This principle is based on the ruling that the sovereignty of each country is
considered equal and hence, no country is permitted to intervene into the matters of other
countries especially, if the state is solely responsible for dealing with such matters.
However, the development of this principle in the implementation status, especially in the
field of human rights and freedoms has not reached the stage of an agreement between the
members of the international community of organizations and nations in the context of
contemporary international law. With the adoption of the standards for promoting democracy
and political support of human rights, the international community has agreed in majority of
cases that there is a need to safeguard the human beings against persecution, murder and torture.
This led to the issue of humanitarian intervention, which posed a challenge to the ideas of non-

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interference and sovereignty, especially as it is related to direct intervention in the domestic
affairs of any country78.
In practice, the end of Cold War and the fall of the Soviet Union had a significant impact
upon the flexibility in international decision in relation to the human rights field. An intervention
is not prohibited if a state interferes into the matters of another state with the consent of such
state or when a state requests other states to intervene into its domestic affairs under exceptional
circumstances such as when a state government requests for assistance as occurred in the
Nicaragua case. However, obtaining permission after interfering into the domestic affairs of a
state cannot be justified on the ground that such interference was necessary in the best interest of
such state. This is due to fact that it often becomes difficult to determine whether such
interference by invitation was given by the state with against which such interference was made,
with free consent or whether there was hidden pressure on part of the state interfering into the
internal affairs of the other state79.
However, the principle of non-intervention is not prohibited in case of humanitarian
assistance provided to parties and people that are affected by any conflict, for instance, through
medical assistance, allocation of clothing and food. The pre-requisite for seeking help is
considered as valid if such help is granted to all without subjecting any person to discrimination.
Further, another essential fact that must be taken into consideration is the exercise of the right to
intervene into the affairs of another state with a view to assist such state to exercise their right to
self-determination. According to Article 7 of the Definition of Aggression (UNGA Res 3314
XXIX), people who are forcefully deprived of their right to self-determination, are entitled with
78 Malyarenko, Tetyana, and David J. Galbreath. "Crimea: Competing self-determination movements and the politics
at the centre." Europe-Asia Studies 65.5 (2013): 912-928.
79 Roth, Brad R. "The Virtues of Bright Lines: Self-Determination, Secession, and External Intervention." German
LJ 16 (2015): 384.

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the right to make every possible attempt for the purpose of achieving their freedom including
receiving and seeking support from other states. Hence, in the event, state provided assistance to
any other state, it shall not amount to state intervention.
Chapter 6
Conclusion
From the above discussion, it can be inferred that despite the centrality of states in the
international relations, with respect to the formation and evolving practice of the international
legal order, the dynamics of birth and extinction of states continues to lack legal regulation.
Consequently, the absence of statutory regulation leads to confusion and contradictions in most
of the cases. In the contemporary era, the international law specifies two essential concepts that
regulates this birth and extinction of states, namely, the right of political self-determination and
territorial integrity.
The right of political self-determination has been embedded in the International Public
Law as a fundamental principle that promotes human rights. This right further includes other
human rights as well because the pre-requisite for complying with this right involves compliance
with the other human rights that ensures individual freedom. The breach of such human rights
shall amount to non-violation of the principles of good governance. The right to self-
determination has received recognition and support which is evident from its inclusion in several
other international treaties and covenants such as the International Covenant on Civil and
Political Rights.
However, the exercise of this right is also subjected to several hindrances such as
suppression of the right by dictatorial government that denies recognizing the right or disagrees

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with the concept of participatory governance. Consequently, there arises suppression and
violation of human rights, in the general context, with a view to terminate the claims regarding
the right of self-determination. These violations and suppressions leads to the contravention of
human rights which further compels the international community to extend support to such
oppressed inhabitants on the ground that modern human thought encompasses the need and
yearnings of the people who seek assistance from being subjected to such oppressions.
The support extended by the international community to reinforce the oppressed people
often contradicts with the principle of non-intervention, which is another fundamental principle
in the context of international law. The principle of non-interference has not been explicitly
stipulated mentioned under the UN Charter but the principle is implied from the general
prohibition of states to apply force or threat to use force in the context of international relations
as stipulated in the General Assembly Declarations. Article 2(4) of the Charter renders the use
of force as illegal, which establishes the universal application that use or threatening to use force,
armed force against other state.
While the UN Charter has restricted the right to non-intervention but is subjected to an
exception where the Charter does not prohibit the states from applying necessary forces and
intervention within the state to suppress any violation of legal rights. The UN Charter strongly
confirms that the legal rule of non-intervention is essential for governing the relations between
the states. Therefore, the principle of non-intervention demonstrates the continuing conviction of
the international society by ensuring preservation of order and the peaceful coexistence among
states.

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Despite the fact that the principle of non-intervention often faces issues related to the
necessity to safeguard human rights and the responsibility of the state to carry out its
responsibilities. The principle of non-intervention is one of some measures that have been taken
by the international community to wane the traditional demonstration of sovereignty.
Additionally, several international organizations have adopted numerous international policies
and resolutions to adapt to the enduring changes taking place with respect to the principle of non-
intervention. Nevertheless, these decisions and policies have also acknowledged the exceptional
circumstances under which the principle of non-intervention shall not be applicable to safeguard
human rights.
Self-Reflective Summary
While conducting research on this topic I have gained sufficient knowledge about my
research and writing skills. The research has provided me with an insight on the research topic
right to self-determination and principle of non-interference in the international law. It has
enabled me to obtain sufficient knowledge about the various research methodologies that can be
applied while preparing dissertation. I have used secondary resources such as various journals,
books, legal reports, UN statements and international statutory provisions to conduct a research
on the relevant topic.
The only disadvantage associated with the secondary data that I have faced while using
secondary sources is that the process in which the things are assessed at present may have
changed over a period and the documents may lack authenticity. However, the secondary data
methodology has been used because it is easily available from other sources that already exist,
which has made my research easier.

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