The meaning of the self-determination norm

Abstract

The self-determination is quite confusing norm to comprehend. The confusion around the norm arises because on one hand the norm entails a universe of human rights and values of freedom and equality and on the other, it has a wide penumbra of uncertainty and a number of inconsistent meanings. In regard to that, the thesis re-defines the meaning of self-determination using Rawlsian veil of ignorance and argues how uncertainty and confusion around the norm produce dangerous consequences for groups demanding rights under the norm. To support the assumption about dangerous consequences, the thesis covers the Catalonian 2017 independence referendum arguing how it was securitized by the Spanish central government. Spain was criticized by the EU and UN for excessive use of police force and for violating human rights during the referendum. However, the thesis argues how it is precisely the reluctancy of international community to deal with the meaning of self-determination that produces these dangerous consequences. By proposing a new normative meaning conceived behind the veil of ignorance the thesis suggests how self-determination can be more cohesive than disruptive norm for the relation between states’ authority and human rights.