The Construction of the Principle of Self-Determination of Peoples by the International Court of Justice

Keywords: Principle, Self-determination of peoples, International Court of Justice., Progressive development of international law.

Abstract

The principle of self-determination of peoples is one of the most fundamental interests of the international community. Nevertheless, it is still reason for great controversy, considering the lack of a clear legal definition and of a delimitation of its scope. In light of the uncertainty, the opinions of the International Court of Justice, principal judicial organ of the United Nations, regarding self-determination are crucial to the understanding of this principle that is so important in international law. In effect, the principle of self-determination of peoples has been gradually built in the practice of the Hague Court, either in its specific application in the process of decolonization in Africa and Asia throughout the XXth century, or in situations beyond the fight against colonial domination. In this context, this paper delves into the decisions of the International Court of Justice concerning the self-determination of peoples in order to identify its contribution to the progressive development of this principle.

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Published
2024-04-17
How to Cite
OVELHEIRO MENNA BARRETO, C. C. The Construction of the Principle of Self-Determination of Peoples by the International Court of Justice. Cadernos Eletrônicos Direito Internacional sem Fronteiras, v. 5, n. 2, p. e20230214, 17 Apr. 2024.