THE MEANING OF "SELF" IN THE PRINCIPLE OF THE RIGHT OF PEOPLES TO SELF-DETERMINATION.

Since the adoption of the Charter of the United Nations in 1945, the principle of the right of peoples to self-determination has been one of the cornerstones of international law. However, both its scope and content have been the subject of many debates. But while there have been numerous provisions establishing the content of self-determination, from the right of the colonial peoples to achieve independence from their foreign oppressors, during the decolonization process, to the "safeguard clause" of the 1970 Friendly Relations Declaration which establishes the right of peoples to have a representative government and to participate freely in the decision-making process of their State, no legal definition for the concept of "peoples" has been established, nor any criteria which could help delineate peoples from other groups. This regulatory gap leaves room for diverse and sometimes contradictory interpretations, from narrow approaches, restricting the groups which can be qualified as holders of the right to self-determination to the peoples of colonies and non-self-governing territories, to broader interpretations of the norm, going as far as attributing self-determination a "universal scope". Therefore, determining who are the "peoples" has turned out to be one of the most persistent challenges faced by international law, the meaning of the notion remaining a legal dilemma. Having a more accurate illustration over the meaning of "self" which represents the holder of the right to self-determination is necessary, being considered the key issue in establishing the scope of the right beyond the colonial context, and thus, in providing a better understanding of the applicability of self-determination in the current international legal framework. This article aims to address this normative challenge and establish a more concrete meaning for the "self" in self-determination by trying to identify the criteria based on which a group can be qualified as a "people", as well as on drawing a distinction between "peoples" and other groups living on the territory of a State. [ABSTRACT FROM AUTHOR]