THE RIGHT TO SELF-DETERMINATION AND THE MUNICIPAL LAWS OF STATES

Abstract

This paper interrogates the complex relationship between the international right to selfdetermination and its expression within the municipal legal orders of states. It examines the tension
between the universal recognition of peoples’ right to freely determine their political status and
pursue economic, social, and cultural development as articulated in the UN Charter and the
International Covenants on Human Rights and the domestic constitutional frameworks that often
restrict its practical application. Adopting the doctrinal research methodology, the paper analyses
how different legal systems reconcile this tension through constitutional provisions, judicial
interpretation, and political accommodation, highlighting case studies from both postcolonial and
established democracies. Particular attention is given to how self-determination claims intersect
with state sovereignty, territorial integrity, and minority rights. By comparing the normative force
of self-determination in international law with its implementation or resistance in municipal law,
the paper exposes the persistent gap between principle and practice. It concludes that while selfdetermination has evolved beyond decolonisation to encompass internal dimensions such as
autonomy and participation, its effective realisation depends on the willingness of states to
harmonise their domestic laws with evolving international norms.