(Coicaud, 2001, p.53).
The uniqueness of self-determination makes the existence of a corresponding international rule whether contractual or general far more problematic. This also varies in degree according to whether its conceived as a right conferred by international law or as a right which states an internationally obliged to ensure within their legal systems self determination as seen as a freedom within the internal logic of declaration, human rights and fundamental freedom which every state would be bound under general law, charter or other instruments to ensure it to persons or groups within their legal system, a matter de lege ferenda. (Karen, 2002, p.29).
Exceptions are allowed in given arrangements of conventional law. Personality of individuals is not believed in international law. Thus the existing international law is even further from ensuring a right of self-determination as a matter of direct right under international law itself. International law and international politics comprise the rules and reality of the international system so that it makes sense to study one without the other.
Scholars decide to sepa...
idealism on the emphasis that the failure of League of Nations and the rise of fascism were clear demonstrations of the ineffectiveness and irrelevance of international law and institutions'2. This described reality was as anarchic international law system in which the state was the primary actor and its interaction with other states was in a context of a competitive war of all against all motivated by national self interest and a thirst for power. (Karen, 2002, p.42).
The tribunal created was the result of a unique convergence of legal, political and diplomatic circumstances. The international criminal tribunal which was established for former Yugoslavia was the result of a political decision to involve the legal power and authority of the Security Council to reinforce another set of international law, those regulating the use of force by creating a judicial institution with a political mandate. The mandate was the restoration and the maintenance of international peace and security and was to be achieved through prosecution of individuals for serious violations of international humanitarian law. (ibid, p. 45).
The process of establishing an international tribunal was difficult and expensive. The practical difficulties were compounded by the complex political and diplomatic environment which was established. Also the fact that there was very little precedent to draw on the secretary general recognized the importance of ensuring that the tribunal apply rules of international humanitarian law that are beyond any doubt part of customary law so that the problem of adherence of some but not all states to specific mandate and its competence was restricted according to terms of subject matter temporal and territorial jurisdiction. (Coicaud, 2001, p.77).
The judges took wider