Awang Long Law Review
Vol. 4 No. 2 (2022): Awang Long Law Review

RETHINKING THE HISTORY: DOES THE PRINCIPLE OF SELF-DETERMINATION ENTAIL A POSITIVE ENTITLEMENT TO SECESSION?

Arnita Pratiwi Arifin (Unknown)



Article Info

Publish Date
31 May 2022

Abstract

This paper aims to examine further the principle of self-determination as one of the rights in international affairs. It is to identify whether the principle of self-determination provides an automatic right for an integral part of a State to unilaterally secede from the Parent State. This research uses normative and theoretical research. Data collection methods are conducted by tracing and reading through international conventions, laws and regulations, legal literature, international cases, documents, journals, research reports, and online media. The results of this research stated that international law does not provide any legal remedies for people that they may use to exercise their right to self-determination. The reasons are, first, the lack of any basis for such change in international law, and second, there is no point in the rejection to recognize facts not drawn on in the violation of international law. The territorial integrity principle, considered one of the fundamental principles of international law, is the antithesis of secession. Because it involves the capacity of a State to operate and control the functions of the State within its own territory.

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Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...