A LEGAL CASE FOR THE RIGHT OF SELF-DETERMINATION AND PROPOSED PROCEDURE FOR ITS IMPLEMENTATION

Abstract

Self-determination is the process by which a country determines its own statehood and forms its own government. The right of self determination is paramount as a crucial aspect of the broader international law. The right of self-determination evinces two cardinal perspectives which are the independence from colonialism and secession from existing sovereign entities. This paper positions the right of self-determination as an inalienable legal right and finds that the quest for secession as evident in Nigeria and Ukraine can be traced to the vagueness and un-clarity of the right of self-determination as contained in the United Nations Charter; a situation which has occasioned conflict in several states where the question of legality of secession remains unanswered. As it has never been enough to assert human rights, without considering the procedure for implementation of rights. The paper recommends a novel and effective legal procedure for implementation of the right of self-determination.