ABSTRACT
This chapter distinguishes and assesses the claim of “peoples”, “indigenous peoples”, and “minorities” as possible right bearers of self-determination. In doing so, the impact of colonial boundaries on the right to self-determination of minorities, with special regard to the role of uti possidetis, and the doctrine of remedial secession as grounds for secessionist claims under the right to self-determination of peoples beyond the context of decolonization will be assessed. In exploring a potential right to secede accessible to minorities, the only currently available theoretical option is the path of “remedial secession”, which stems less from the emphasis on the entity as “peoples”, and more on the notion of a state of emergency that may arise for any oppressed group. However, this legal concept remains highly controversial with virtually no practice in international law, thus leaving it more a theoretical idea rather than a viable option to pursue. Despite this, while minorities have no right to secession under international law or domestic law, as this chapter will show, there have been instances where minorities have exercised political action to create new States.
