A Critical Analysis of the to Self-Determination and Human Rights in International Law: A Case Study of Western Sahara

Abstract

This research study critically analyses how the right to self-determination under international law has been interpreted and applied in the case of the “Western Sahara”, a disputed territory situated on the northwest coast of Africa. To achieve the research objective, the study sets out five research questions: (1) how has the right to self-determination historically, contextually, and legally evolved under international law; (2) how has the right to self-determination been interpreted and applied in the case of the Western Sahara; (3) has the right to self-determination in the case of the Western Sahara been effectively enforced and protected under international law; (4) how does the right to self-determination interact with international human rights law; (5) are there any ways that can be identified in which the right to self-determination under international law be strengthened or developed in the future. The study finds the right to self-determination developed into a free-standing legal right recognised under international law beyond the confines of the decolonisation process. However, the interpretation of the legal right in practice has been inconsistent and varied. The study identifies a strategy to strengthen the right to self-determination by analysing the right within the evolving international human rights law framework.