Legal Perspective on Self-Determination Rights
The article addresses the Southern issue in Yemen, clarifying that its uniqueness lies in the fact that the south was an independent sovereign state prior to unification with the north in 1990. It was not a colony or a region with limited autonomous governance. The article emphasizes that the unification arose through an agreement between two independent states, which distinguishes this case from other self-determination situations often related to colonized territories or regions with limited autonomy. It discusses that international law does not mandate holding a referendum as a compulsory condition for self-determination; instead, it leaves the appropriate mechanism to be determined based on the specific circumstances of each case. The article also presents examples from international experiences, such as the independence of Eritrea and South Sudan, which were achieved through political and constitutional agreements without the need for a referendum. It stresses that analyzing the legal status of the south before unification and the level of agreement between two independent states forms the basis for determining the appropriate legal solution. The article concludes that the international community should address the Southern issue in a manner consistent with its legal and historical particularities, rather than simply applying repetitive models from other cases.
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