What are the Rights and Obligations Arising From the Principle of Self-Determination

Abstract

The purpose of this paper is, among other things, to examine who are, in international law, the holders of the right and the recipients of the obligation included in the principle of self-determination. To solve this problem, we must determine who are the members of the society in which international law manifests and operates. However, we must first establish who are the vital protagonists of the international relationship. In the case of the principle of self-determination, the problem is complicated by the fact that, despite the relevant provisions which undoubtedly refer to the people as a “protagonist” in concrete and historical actions known as the exercise of self-determination, the people are not considered as subjects of international law. The recipients of the obligation, which derives from the principle of self-determination, are the states individually as members of the United Nations. As for the mutual right, there are no strong reasons to declare that it is in the hands of individual nations; As we said before, the fact that we speak of “self-determination of peoples” is not sufficient to conclude that peoples are in fact the holders of this right. An analysis of historical events can shed light in this direction: in the process of decolonization, peoples have previously given birth to independent entities and, only under this idea, have led their liberation struggle as subjects of international law, equivalent to states. In conclusion, the member states of the United Nations are at the same time the recipients of the obligation and the holders of the right to self-determination. ( Lattanzi. F. (1987). vol.II, pg.4.).

Received: 20 May 2025 / Accepted: 14 July 2025 / Published: 01 August 2025