대외적 자결권의 국제법적 검토

The right to self-determination is an example of peremptory norms of general international law (jus cogens). However, there is a controversy on the right of people in the country to external self-determination, which can be exercised in a manner of independence or secession. The current international law does not have criteria for secession, but the international community has taken a negative stance on it based on the right of people to external self-determination. However, since the African Unification Organization accepted the principle of uti possidetis in 1964, there have been an increasing number of cases in which minorities in the country claim secession based on the right to external self-determination. In particular, among minorities, state pratice and opinio juris to grant people the right to external self-determination are emerging. Therefore, this paper examines the discussion and the immdeiate problems on the right to external self-determination, and finds solutions to them; it analyzes Kosovo, Southwest Africa, and Wall Cases, which handle the right to self-determination. As a result, the International Court of Justice’s decisions are found to directly and indirectly suggest that a new standard should be prepared for the right to external self-determination. Although controversial, it is necesssary to consider allowing minorities who have suffered from a violation of human rights equivalent to jus-cogens to have external self-determination.