The Grey Areas of Self-Determination: Double Standard of Recognition in International Law

Document Type : Original Article

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Department of law, Delhi Metropolitan Education affiliated to Guru Gobind Singh Indraprastha University, Delhi, India

Abstract

This paper critically examines the international legal and political precedents surroundingthe principle of self-determination, beginning with the dissolution of Yugoslavia, particularlythe Kosovo War, and juxtaposes it with the global responses to analogous separatist claimsin Abkhazia, South Ossetia, Crimea, Luhansk, Donetsk, as well as the ongoing situations inPalestine and Somaliland. Through a comparative analysis of these cases, the paper exposesthe international community’s selective recognition of independence movements, wheresimilar claims are met with divergent responses based not on consistent legal standards buton geopolitical interests and strategic alignments. The study argues that the recognition ofKosovo as an independent state, despite bypassing the UN Security Council, has created aprecedent that is now invoked selectively to either support or delegitimize other secessionistclaims. This inconsistency reveals an underlying double standard in the application ofinternational law, wherein the principles of territorial integrity and self-determination areinstrumentalized to serve the hegemonic objectives of powerful states, thereby eroding thenormative coherence and credibility of the United Nations Charter and the internationallegal order it was designed to uphold.

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