The Rights to Self-determination: Recent Developments in International Law and Their Relevance for the Tibetan People

Abstract

This article reviews developments in the understanding of a right to self-determination under international law in terms of the right's applicability and potential for resolving the Tibetan people's claims for self-government or independence. While a right to self-determination could likely justify Tibetan independence or secession from China, especially in light of continuing human rights abuses in Tibet, current political realities and global trends toward an expansion of ‘internal’ options for realising self-determination within existing states make secession unlikely. Less radical solutions, such as greater autonomy, federal political structures and an improved minority rights regime, could provide more realistic mechanisms for settling the Tibetan question. Successful resolution, however, ultimately depends on the level of genuine international concern as well as the extent to which the Chinese Government is willing to accept greater democratic participation and consider more flexible notions of state sovereignty and territorial integrity.