قبض و بسط مفهومی حق تعیین سرنوشت در‌ حقوق‌ بین‌الملل‌

نویسنده

استادیار روابط بین‌الملل دانشگاه اصفهان


عنوان مقاله [English]

The Conceptual Evolution of the Right of Self-Determination in International Law

نویسنده [English]

  • Ali Omidi
چکیده [English]

Multi-ethnic texture or existence of the ethnic-religious minorities is one of the main structural elements of states all over the world. Consequently, we are sometimes informed about ethnic tensions and violence around the globe. A study in 2002 indicates that approximately 125 wars were occurred from World War II to 1997 of which 80 ones have been related to ethnic and religious disputes in a way. In search for the motif, it is found that the right of self-determination is the main cause for the wars. The conceptual evolution of the right of self-determination can be studied in three historic periods. First, it aimed at legitimizing the independence of new states created through the defeats and falls of empires as a result of the World War I. second, after the World War II, it evolved into the governance of the colonies and occupied territories and the third, since 1970, this doctrine has targeted the concept of hegemony of democracy and recognition of the minorities’ rights. Through the respect for the principles such as states’ sovereignty as well as the territorial integrity and the principle of non-interference, the international law observes the sovereignty and territorial integrity from one side and pays attention to the minorities’ interests and demands from the other side. To do this, the international law has mainly focused on the establishment of democratic regimes and on granting the right of autonomy to the minorities. This article concentrates on the conceptual evolutions, grounds and requirements for the right of self-determination in the international law.