The Forgotten Second Prong of the Self-Determination Test

The Forgotten Second Prong of the Self-Determination Test

By:

Whatever the status under customary international law of a more expansive right to self-determination, the emphasis placed by all sides of the debate on the requisite severity of oppression obscures the critical importance of the second necessary element in all formulations of the right to external self determination: the existence of a “people” or “identifiable group” to exercise the right.