The document discusses the right to self-determination under international law. It states that the right to self-determination is normally fulfilled through internal self-determination, such as pursuing political, economic, social and cultural development within an existing state. The right to external self-determination, such as unilateral secession, only arises in extreme cases involving colonial rule, foreign domination, or denial of internal self-determination. The UN Declaration on the Rights of Indigenous Peoples recognizes indigenous peoples' right to self-determination, including autonomy or self-government over internal and local affairs. Self-government is understood as equivalent to internal self-determination under international law.
The document discusses the right to self-determination under international law. It states that the right to self-determination is normally fulfilled through internal self-determination, such as pursuing political, economic, social and cultural development within an existing state. The right to external self-determination, such as unilateral secession, only arises in extreme cases involving colonial rule, foreign domination, or denial of internal self-determination. The UN Declaration on the Rights of Indigenous Peoples recognizes indigenous peoples' right to self-determination, including autonomy or self-government over internal and local affairs. Self-government is understood as equivalent to internal self-determination under international law.
The document discusses the right to self-determination under international law. It states that the right to self-determination is normally fulfilled through internal self-determination, such as pursuing political, economic, social and cultural development within an existing state. The right to external self-determination, such as unilateral secession, only arises in extreme cases involving colonial rule, foreign domination, or denial of internal self-determination. The UN Declaration on the Rights of Indigenous Peoples recognizes indigenous peoples' right to self-determination, including autonomy or self-government over internal and local affairs. Self-government is understood as equivalent to internal self-determination under international law.
the right of a people to self-determination is now so widely recognized in
international conventions that the principle has acquired a status beyond
convention and is considered a general principle of international law.
(ii) Scope of the Right to Self-determination
126. The recognized sources of international law establish that the right to self-determination of a people is normally fulfilled through internal self-determination a peoples pursuit of its political, economic, social and cultural development within the framework of an existing state. A right to external self- determination (which in this case potentially takes the form of the assertion of a right to unilateral secession) arises in only the most extreme of cases and, even then, under carefully defined circumstances. x x x
External self-determination can be defined as in the following statement from the Declaration on Friendly Relations, supra, as
The establishment of a sovereign and independent State, the free association or integration with an independent State or the emergence into any other political status freely determined by a people constitute modes of implementing the right of self- determination by that people. (Emphasis added)
x x x x (Emphasis, italics and underscoring supplied)
The Canadian Court went on to discuss the exceptional cases in which the right to external self-determination can arise, namely, where a people is under colonial rule, is subject to foreign domination or exploitation outside a colonial context, and less definitely but asserted by a number of commentators is blocked from the meaningful exercise of its right to internal self-determination
(United Nations Declaration on the Rights of Indigenous Peoples )The Declaration clearly recognized the right of indigenous peoples to self- determination, encompassing the right to autonomy or self-government, to wit:
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
Self-government, as used in international legal discourse pertaining to indigenous peoples, has been understood as equivalent to internal self- determination. [166]