| Both the right to self-determination of peoples and territorial integrity of a state are fundamental principles of contemporary international law. On the whole, they are harmonized and inseparably connected to each other and have no contradiction between them.The right to self-determination of peoples has no effect of altering the existing boundaries between countries. It is clear that international law does not recognize a general right of minority to secede unilaterally from their “parent” state. International law attaches great importance to the territorial integrity of a state and leaves the issue of unilateral secession as a domestic affair to the “parent” state. International society also has the duty not to recognize the unilateral secession. Moreover, international law has neither affirmed nor denied the right to remedial secession of minority. Whether the alleged right to secession in the name of self-determination should be permitted or not should be judged case by case.In the other hand, international law does not exclude the possibility of secession arrangements reached by free agreements of all parties concerned. It is necessary for a legitimate secession to conform to the self-determination of related people. States established in violation of rights to equality and self-determination should not be recognized as subjects of international law.International society should realize the concordance and harmony between self-determination of peoples and territorial integrity of a state by various ways, among which to protect the rights of members of minority is a necessary requirement. States should avoid external self-determination or secession through “good governance” or “internal self-determination”, i.e., minority should obtain the status of subjects of autonomy or other forms of self-determination. It is the duty of states to promote the right to self-determination of peoples and protect the rights of minority in accordance with the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 1992.Peaceful methods and means should be used to settle the conflicts arising in relation to secession. Nevertheless, a state is entitled to use adequate force, including armed force, to defend its sovereignty, territorial integrity and political unity. In any case, universally recognized norms related to human rights should be respected. |
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