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The Right To Self-Determination

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Description

– The Right To Self-Determination –

Download The Right To Self-Determination. Public Law students who are writing their projects can get this material to aid their research work.

Abstract

This thesis entitled: “The Right to Self-Determination; A Case Study of SouthSudan” centered on the legal challenges inherent in the attainment of statehoodthrough self-determination outcomes.

The thesis from the general perspective isdirected towards addressing the problem of securing independence through selfdetermination of peoples as well as the ensuing legal challenges associated with postsecession disputes particularly as it relates to South Sudan.

The objective of theresearch is to locate the complexities associated with the general application of theright to self-determination.

Another objective of the research is to resolve the inherentchallenges relating to the interpretation of the word “peoples” which is the centrestage of the right to self-determination.

Introduction

Self-determination as a right has found difficulty in interpretation as well as its exactmeaning in international law.

The determination and demarcation of fixed territoriesand the subsequent allegiance between those territories and the individuals or groupsof individuals that inhabit them is central to the study of self-determination.

This isarguably the prime factor that creates room for individuals and groups withininternational and human rights law to contest this right.International societyconsists of individuals and groups that ostensibly gain legitimacy and locus standi ininternational law by virtue of being part of a sovereign state.

The acquisition ofdefined and fixed territoriality is a prerequisite for the recognition of statehood.3Thequest for recognition has widespread manifestation in contemporary society; fromindigenous people who seek control over the destiny of their ancestral land to strugglefor self-determination.

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