ABSTRACT

Although the idea of self-determination of peoples has a long and varied historical ped-

igree-becoming politically prominent particularly at the end of the First World War

thanks to US President Woodrow Wilson and Russia’s Bolsheviks and then making its

way into the UN Charter (1945)—the beginnings of self-determination as an institutiona-

lized right in positive international law go back to the 1950s, when representatives of colo-

nial territories, along with numerous existing states supporting them, came to demand

independence from colonial powers. In 1960, the UN General Assembly (UNGA)

passed the central document of decolonization, Resolution 1514 (XV), also known as

the Declaration on the Granting of Independence to Colonial Countries and Peoples,

which proclaimed that ‘all peoples have the right to self-determination’ and ‘by virtue

of that right they freely determine their political status and freely pursue their economic,

social and cultural development’.1 On the basis of the enunciated right, the resolution

stipulated:

Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all

other territories which have not yet attained independence, to transfer all powers to

the peoples of those territories, without any conditions or reservations, in accordance

with their freely expressed will and desire, without any distinction as to race, creed

or color, in order to enable them to enjoy complete independence and freedom.