International Relations Researches

International Relations Researches

The relationship between the right to self-determination and the principle of territorial integrity in the practice of the United Nations Security Council

Document Type : Original Article

Authors
1 PhD Student, Department of International Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Professor, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran.
3 Associate Professor, Department of International Relations, Karaj Branch, Islamic Azad University, Karaj, Iran.
10.22034/irr.2025.539774.2746
Abstract
The United Nations Security Council, as the main body responsible for maintaining international peace and security, has faced crises in which the conflict between the principle of the right to self-determination of nations and the principle of preserving the territorial integrity of states has been manifested. This article seeks to clarify the patterns of the Council's dealing with this conflict by examining the fundamental concepts of these two principles and the legal analysis of the Security Council's performance in cases such as East Timor, Abkhazia, Crimea, and especially Nagorno-Karabakh. The authors are trying to show, based on the findings of the article, that the Security Council in its practice often emphasizes maintaining international stability and respecting territorial integrity. However, in exceptional and special cases where it has faced widespread human rights violations or lack of real representation by the central government, it has tended to favor the right to self-determination and has approved it.This article concludes that the UN Security Council has relied on political and security considerations rather than purely legal rules in balancing the two principles.
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Allansson, M., Melander, E., & Themnér, L. (2017). Armed conflict, 1946–2016. Journal of Peace Research, 54(4), 574–587. https://doi.org/10.1177/0022343317710596
Buchanan, A. (2004). Justice, legitimacy, and self-determination: Moral foundations for international law. Oxford University Press.
Chesterman, S. (2001). Just war or just peace? Humanitarian intervention and international law. Oxford University Press.
Cornell, S. E. (2002). Autonomy and conflict: Ethnoterritoriality and separatism in the South Caucasus – Cases in Georgia. Department of Peace and Conflict Research, Uppsala University.
Croissant, A., & Kuehn, D. (2018). The politics of secession in multiethnic states. Routledge.
Crawford, J. (2006). The creation of states in international law (2nd ed.). Oxford University Press.
De Waal, T. (2003). Black garden: Armenia and Azerbaijan through peace and war. New York University Press.
Fonseca, F. (2003). East Timor: The price of freedom. Routledge.
Fassbender, B. (2009). The United Nations Charter as the constitution of the international community. Brill Nijhoff.
Hurd, I. (2007). After anarchy: Legitimacy and power in the United Nations Security Council. Princeton University Press.
International Crisis Group. (2017). Iraq's Kurdish referendum: The road ahead. Brussels: International Crisis Group.
Ker-Lindsay, J. (2018). The Kurdish independence referendum: Implications for Iraq and the region. Middle East Policy, 25(4), 100–111. https://doi.org/10.1111/mepo.12345
Malone, D. M. (2004). The Security Council: Practice and promise. United Nations University Press.
McDowall, D. (2007). A modern history of the Kurds (3rd ed.). I.B. Tauris.
Schreuer, C. (2001). The practice of the Security Council. Max Planck Yearbook of United Nations Law, 5, 1–22.
Talmon, S. (2005). The Security Council as world legislature. American Journal of International Law, 99(1), 175–193. https://doi.org/10.2307/3181185
Taylor, J. G. (1991). Indonesia's invasion of East Timor: An overview. Journal of Contemporary Asia, 21(3), 329–346.
Weiss, T. G. (2013). Global governance: Why? What? Whither? Polity Press.
Weiss, T. G., Forsythe, D. P., Coate, R. A., & Pease, K.-K. (2019). The United Nations and changing world politics (8th ed.). Routledge.
Zurcher, C. (2010). The South Caucasus: Nationalism, conflict and state-building. Routledge.
United Nations. (1945). Charter of the United Nations. New York: United Nations. https://www.un.org/en/about-us/un-charter
United Nations. (n.d.). Charter of the United Nations. Retrieved from https://www.un.org/en/about-us/un-charter
United Nations. (1945). Charter of the United Nations, Articles 1(2), 2(4), 24, 39–42. New York: United Nations.
United Nations General Assembly. (1966). International Covenant on Civil and Political Rights. New York: United Nations.
United Nations General Assembly. (2014). Resolution 68/262 on the territorial integrity of Ukraine. New York: United Nations.
United Nations Security Council. (1975–1976). Resolutions 384 & 389 on East Timor. New York: United Nations.
United Nations Security Council. (1991–2008). Resolutions 855, 873, 904 on Abkhazia. New York: United Nations.
United Nations Security Council. (1993). Resolutions 822, 853, 874, 884 on Nagorno-Karabakh. New York: United Nations.
United Nations Security Council. (1999). Resolution 1272 establishing UNTAET. New York: United Nations.
United Nations Security Council. (2008). Reports and statements on Georgia, Abkhazia, South Ossetia. New York: United Nations.
United Nations Security Council. (2008). Statements on the Georgia–Russia conflict. New York: United Nations.
United Nations Security Council. (2014). Press statements and resolutions on Crimea. New York: United Nations.
United Nations Security Council. (2014). Security Council draft resolutions on Crimea. New York: United Nations.
United Nations Security Council. (2017, September). Press statement on the independence referendum in Kurdistan, Iraq. New York: United Nations.