The right of peoples to self-determination is a pillar of contemporary international law. Since the entry into force of the United Nations charter in 1945, it has constituted the legal and political basis of the process of decolonization, which witnessed the birth of over 60 new states in the second half of the twentieth century. This was a historic victory even if it coincided with the will of certain great powers to break up the “exclusive preserve” of colonial (primarily European) empires of the time.

During the later decades, several dozen countries were created on this basis, concretizing the right to self-determination of peoples officially considered colonized or not.

This brochure does not pretend to supply answers to all the questions raised by the right to self-determination, which, it goes without saying, comports a significant political dimension. At a time when the pillaging of the South’s natural resources has taken a new turn for the worse – with, for example the highly questionable acquisition of millions of hectares of land by foreign countries or transnational corporations – it is necessary to revitalize the right of peoples to sovereignty over their natural wealth and resources, which is an essential component of the right to self-determination. It is this last aspect – the right of peoples to this sovereignty – that is central to protecting the affected peoples. This will constitute the connecting thread of this publication.

Introduction
I. Pertinent Texts
    A) At the international level
    B) At the regional level

II. Definition and Content of the Right to Self-Determination
    A) Constitutive elements of the right to self-determination
    B) Beneficiaries of the right to self-determination
    C) Permanent sovereignty over natural resources

III. Exercise of the Right to Self-Determination
    A) At the international level
    B) At the national level

IV. State Obligations and Implementation at the National Level
    A) Obligations of States
    B) Obligations of other entities
    C) Obligations of third-party States
    D) Examples of implementation at the national level

V. Current Issues/Obstacles to the Exercise of the Right to Self-Determination
    A) Debt and structural adjustment programs
    B) Foreign trade and investment
    C) Transnational corporations
    D) Intellectual property
    E) Privatization of public services
    F) Use of mercenaries
    G) Exploitation of natural resources

VI. Monitoring Mechanisms Available in Case of Violation
    A) At the national level
    B) At the regional level
    C) At the international level

Conclusion

Annexe

Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities

Adopted by the General Assembly, 18 December 1992

Declaration on the granting of independence to colonial countries and peoples

General Assembly Resolution 1514 (XV), 14 December 1960

Declaration on Principles of international law concerning friendly relations and co-operation among States in accordance with the Charter of the United Nations

General Assembly Resolution 2625 (XXV), 24 October 1970

The right to self-determination : Historical and curent development on the basis of United Nations instruments
Study prepared by Aureliu Cristescu
Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, UN, 1981

International Court of Justice, Anglo-Iranian Oil Co. Case (preliminary objection)

Judgment of 22 July 1952

Permanent sovereignty over natural resources

General Assembly Resolution 1803 (XVII), 14 December 1962