The Principle of Self-Determination and National Minorities
Author(s)
Preda, Adina
Abstract
The principle of self-determination is one of the basic principles of international law but as a right, it is only granted to peoples, defined as whole populations of internationally recognized territories. Thus, the claims to self-determination voiced by national minorities are not seen as legitimate by international legal standards.This article examines the underlying assumptions of the principle of self-determination and by combining legal and moral arguments, tries to show that withholding this right from national minorities is unjustified. If one of the reasons why minorities are not granted the right is that they are entitled to collective rights, one would have to maintain that peoples have the relevant characteristics for the possessing group rights while minorities do not, and this view cannot be sustained. The right to self-determination should be understood as a broad notion and the restrictive view, according to which the right only applies to colonial peoples and its implementation amounts to independent statehood, should be rejected.Furthermore, it should be noted that although the internal dimension of self-determination can ground a right to freedom from external interference, this freedom is a matter of degree; therefore, minorities can exercise the right to self-determination without this leading to secession or break-up of the state.
