자기결정권에 관한 고찰
A Consideration on the Right of Self-Determination
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The Charter of the United Nations stipulates as one of its purposes in Article 1.2 "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples." The present article intends to inquire into what the right of self-determination is. In dealing with this problem, the present article consists of 5 chapters. Chapter I is introduction, which exploits the way how to approach to the subject. Chapter Ⅱ deals with the meaning of people. It goes with the idea that in order to explore what the right of self-determination of people is the meaning of people should be fixed above all. Unfortunately, however, no meaning of people is found in any international legal materials. Perhaps it is due to the idea that no definition is better than any definition which invites endless controversy. Chapter Ⅲ inquires into the contents of self determination. In this connection, we are reminded of the fact that the Declaration on the Principles of Friendly Relations among States adopted in 1970 by the General Assembly of the United Nations stated "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."Chapter Ⅳ deals with the relations between rights of self- determination and obligations erga omnes. In dealing with that subject the article reviews the East Timor case(1995), and the meaning of the obligations erga omnes. Chapter Ⅴ is the conclusion of this article. In the conclusion the author reviews what had been explored, and that the right of self-determination of peoples is firmly established under contemporary international law.
Abstract
The Charter of the United Nations stipulates as one of its purposes in Article 1.2 "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples." The present article intends to inquire into what the right of self-determination is. In dealing with this problem, the present article consists of 5 chapters. Chapter I is introduction, which exploits the way how to approach to the subject. Chapter Ⅱ deals with the meaning of people. It goes with the idea that in order to explore what the right of self-determination of people is the meaning of people should be fixed above all. Unfortunately, however, no meaning of people is found in any international legal materials. Perhaps it is due to the idea that no definition is better than any definition which invites endless controversy. Chapter Ⅲ inquires into the contents of self determination. In this connection, we are reminded of the fact that the Declaration on the Principles of Friendly Relations among States adopted in 1970 by the General Assembly of the United Nations stated "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."Chapter Ⅳ deals with the relations between rights of self- determination and obligations erga omnes. In dealing with that subject the article reviews the East Timor case(1995), and the meaning of the obligations erga omnes. Chapter Ⅴ is the conclusion of this article. In the conclusion the author reviews what had been explored, and that the right of self-determination of peoples is firmly established under contemporary international law.
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