Är den externa självbestämmanderätten relevant i det postkoloniala samhället?

Sammanfattning: The right to self-determination has since its birth been subject to intense discussion and controversy. Self-determination evolved from being a principle primarly used as policial tool into an invokable right in international law. Since the mid 20th century it has been famously used in the dismantling of the many colonial empires that once were common. It is however, to this day, not perfectly clear how enjoys the right to external self-determination. This essay investigates whether the right to external selfdetermination has any relevancy in a post-colonial world, what the right entails and who the holder of that right is. Furthemore, this essay examines three contemporary situations where the right to external self-determination has been invoked. Based on international legal instruments aswell as UN and state practise, this essay concludes that contemporary customary international law gives the right to external self-determination to two groups of people; those under colonial domination and those under foreign occupation. Finally, this essay presents an alternative solution to the question of external self-determination. First, it is suggested that there should be a shift in focus from the external aspect of self-determination to the internal side of the spectrum, escpially in regards to national minorities. It also calls upon the international community to promote the creation of a customry rule that gives minorites a right of remedial secession when subject to gross human rights breaches from the state.