The Quest for Self-Determination: Defining International Law’s Inherent Interstate Limits

Abstract

International law lacks the coherence that domestic law has. There is no world parliament, and judicial decisions, albeit binding, are not always respected. States seem to largely enjoy the discretion to shape international law according to their volition. Yet, quite paradoxically, and albeit not confined by any outer restraints, states feel inherently limited in their actions. The present Article would like to trace these inherent limits of international law. In order to do this, the Article will use a paradigm that constitutes the awarding platform for all other human rights1: the right to self-determination. Not by accident, in both human rights law cornerstone treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the specific right is entrenched in the opening provision.2 As such, the Article will first deal with the question of whether the right to self-determination is subject to any limits. Subsequently, it will proceed to examine the repercussions for international law and interstate relations on a doctrinal and practical level.