By The Honourable Michael Kirby AC CMG
Self-determination takes its meaning from its context; likewise the word ‘people’. This Journal recently published an analysis by Alysoun Boyle of self-determination as applied in private law and to individual mediations. This article concerns the self-determination
of peoples referred to in the UN Charter and other public law. Although controversial, the idea has a long history which the author describes. It is relevant to the Ukrainian conflict, as recognised by President Putin; although unfavourably. International law has not developed clear principles and institutions to give the concept meaning and the intended effect. This article describes the work of an expert group of UNESCO (1985-91), which the author chaired, charged with defining who constitute a ‘people’ and how their self-determination might be achieved. The special urgency of the Ukrainian, Crimean and Donbas war demands fresh attention to the peoples’ rights of self-determination. Is the concept a potential solution or part of the problem?
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