The Application Of The National Self-determination Principle

In order to resolve the request "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?" mentioned by the General Assembly of the United Nation on 8 October 2008, the International Court recalls its conclusions reached earlier, namely, "that the adoption of the declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework". Finally, it concludes that "consequently the adoption of that declaration did not violate any applicable rule of international law. " However, the advisory opinion avoids resolving some questions like Kosovo’s independence and the application of the national self-determination principle and so on,which reflects that,the application of the national self-determination principle in specific practice in some degree without definite laws to manage. The essay begins with a reanalysis of ICJ’s advisory opinion on the question of Kosovo’ s unilateral declaration of independence, concluding three questions about the application of national self-determination principle, such as the application base and the range national self-determination principle and a theory of remedial rights of self-determination. It finds that, the application of the national self-determination principle in specific practice should meet some limit conditions avoiding conflicts with the principle of state sovereignty and territorial integrity, and also should consider the protect of human rights.In conclusion,the essay draws the verdict in response of human rights about two ways of the application of the national self-determination principle in the future specific practice.