The Normative Status of Self-Determination in International Law: A Formula for Uncertainty in the Scope and Content of the Right?

Abstract

In this article I seek to identify and explore some of the legal consequences that flow from the various normative levels that have been ascribed to the right of self-determination in international legal doctrine. Four normative levels are considered: human right, association with sovereignty, erga omnes and jus cogens. A particular focus of the article is on how the doctrinal debate surrounding each normative level might impact on the willingness of states to help improve the determinacy of the scope and content of the right. I argue that there is a haziness surrounding the normative status of the right to self-determination and that this can help to explain the reluctance of states to publicise their views on the scope and content of the norm in international law. The article concludes with suggestions as to how a clearer understanding of the normative status of the right to self-determination might be achieved.