الحق في تقرير المصير وتطوره في القانون الدولي والتنظيم الدولي

Abstract

This study addresses the principle of the right to self-determination, tracing its profound historical and legal trajectory and clarifying its transformation from a vague political idea associated with major revolutions into an established legal right and a peremptory norm (jus cogens) in contemporary international law. The research highlights the pivotal role of the United Nations Charter and its subsequent resolutions in entrenching this right, making it a legitimate basis for national liberation movements and the decolonization process that reshaped the world map. Furthermore, the study analyzes the contemporary challenges facing the principle's application, particularly the inherent tension between it and the principle of state sovereignty and territorial integrity. This tension fuels ongoing debate about its limits and cases of application, especially concerning minority claims and internal conflicts. The research also reviews the means of implementing this right, whether through peaceful methods like referendums or legitimate armed struggle. The study concludes that the principle of self-determination, despite the challenges and selectivity that may mar its application due to the interests of major powers, remains of utmost importance in the international order. Its necessity as a collective human right is growing amidst current developments, requiring continuous international effort to regulate its mechanisms in a way that achieves justice and preserves global stability.