The development of the law of self-determination has been stagnant in terms of scope and content in its application in the postcolonial context. It requires a new paradigm to persuade the United Nations, its specialized agencies and affiliated organizations to address current phenomenon regarding normative, institutional and community awareness. This research has revealed that the essential meaning of self-determination is a remedial means for an oppressed person both in colonial and postcolonial context. While the colonial context has ended, postcolonial self-determination remains focussed on both repairing the historical wrongs of the colonial context, responding to the breakdown of a state, and recovering from persistent violations against anyone in the State. Accordingly, this paper will contribute to the development of guidelines for these applications: which primarily refer to some degree of internal self-determination (autonomy); and when this proves unsuccessful, external self-determination (independent) can be proposed as the last resort.

This article traces the evolution of the concept of self-determination from the end of World War I, through the era of decolonization, to the present day when it has become embedded in the human rights framework and, in limited circumstances, is used to justify secession. Various national and international cases are examined in analyzing the jurisprudence of self-determination, as well as the new European standards for State recognition after secession. The concept of autonomy is also examined as possibly providing a solution for disaffected minority groups within a greater territorial unit. The article then applies the self-determination and autonomy frameworks to Tibet and examines possible solutions for assessing Tibet’s international status.