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Territorial Integrity And The Right To Self- Determination: An International Legal Dilemma Under The UN Charter




Vijayalakshmi Vedavinayagam, School of Excellence in Law, TNDALU


ABSTRACT


Territorial integrity and the right to self-determination are two foundational yet frequently conflicting principles of international law that shape state behaviour, sovereignty, and responses to secessionist movements. The right of peoples to freely choose their political status and form of government is affirmed by self-determination, whereas territorial integrity stresses the inviolability of state borders and forbids outside intervention in internal affairs. The United Nations Charter contains both of these concepts and seeks to uphold both at the same time. Significant legal and political problems have been brought about by their actual use, nevertheless, especially when a group's claim of self-determination calls into question the territorial unity of an established state.


The doctrinal and structural ambiguities that result from the UN framework's dual acknowledgement of these principles are critically examined in this research article. In order to assess how international law resolves—or fails to resolve—such conflicting claims, it examines important legal documents, International Court of Justice case law, and pertinent state actions. The paper illustrates the disparities in global reactions and the impact of geopolitical interests on legal results using case studies from places including Kosovo, South Sudan, and Western Sahara. In the end, the study aims to determine whether a more logical and binding legal norm that balances the integrity of states with the rightful ambitions of peoples under international law can be created to direct future conflicts.


Keywords: Territorial integrity, self-determination, right, UN Charter.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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