ABSTRACT

This chapter assesses the implementation of the right of self-determination in the context of South Sudan and the long-standing quest of Somaliland for recognition as an independent state and its implication for the principle of uti possidetis juris. Under the constitutive theory of statehood, Somaliland could meet the requirements of statehood upon recognition of independence by other nations or international bodies. Self-determination lies in the right of choice, so that the outcome of a people's choice should not affect the existence of the right to make a choice. For some, the goal is a degree of political, cultural and economic autonomy, sometimes in the form of a federal relationship. The principle of self-determination has been converted into a legal right by Article 15 of the Universal Declaration of Human Rights (UDHR). The main interrelation between the principle of self-determination of peoples and the principle of territorial integrity is that a claim to external self-determination covers a claim to territory.