ABSTRACT

This chapter investigates the evolution of self-determination as a collective norm and how it informs the international practice of recognition and state creation. State creation is a political and diplomatic act that encapsulates the essence of political organisation in the international system under the so-called Westphalian model. State creation is directly associated with the right to self-determination of the peoples. However, the international framework for self-determination and subsequent state recognition is still entrapped within the logic of uti possidetis and the territorialisation of the people. To address unresolved self-determination conflicts, a new interpretation of self-determination should rise above existing practices and focus on a principled process of state recognition that can maximise the emancipatory potential of the peoples broadly defined.