Self Determination

Burak Cop and Do¤an Eymirlio¤lu

THE RIGHT OF SELF-DETERMINATION IN INTERNATIONAL LAW TOWARDS th THE 40 ANNIVERSARY OF THE ADOPTION OF ICCPR AND ICESCR Burak COP* and Do¤an EYM‹RL‹O⁄LU** Abstract The principle of self-determination of peoples has been subject to a conceptual evolution which began in post-Second World War era and accelerated in 1960’s due to the decolonization process. This evolution pertains to the transformation of self-determination which was firstly conceived as a political principal to a peremptory legal norm, i.e. jus cogens. The adoptions of ICCPR and ICESCR constitute important milestones in this regard. In fact, the evolution of principle of self-determination does not have ended. As of today, the “internal” aspect of this norm is much more emphasized, and as such, goes beyond the classical/post-colonial context. Furthermore, it is argued by many leading scholars that, even the secession can be legitimate in case of lack of materialization of internal self-determination. Keywords Self-determination, ICCPR and ICESCR, “Uti possidetis”, Secession, Internal Self-Determination, Territorial Integrity.

*Burak Cop, University of Nottingham (PhD candidate), University of Kent/Kent Law School (LLM), Galatasaray University (BA). ** Do¤an Eymirlio¤lu, Ba¤aziçi University (MA in Economics and Finance, pending), Galatasaray University (JD).

PERCEPTIONS • Winter 2005

115

The Right of Self-Determination in Internationel Law Towards the 40th Anniversary of the Adoption of ICCPR and ICESCR

I. Introduction Self-determination, which is a controversial issue in public international law, has many characteristics formulated on different legal platforms. However, the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”) and the International Covenant of Economic, Social and Civil Rights (hereinafter referred to as “ICESCR”) constitute perhaps the most crucial phase in the evolution of this right. The...