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自决权的概念诞生于16世纪民族主义思潮盛行的西欧,最初是为了反对民族压迫,成为建立资产阶级国家的口号。自决权理论发展至今,主体不断产生变化甚至被异化。2010年国际法院针对科索沃自治政府单方面宣布独立事件发表咨询意见,引起国际社会广泛关注。本文针对自决权不同时期的不同定义,结合其理论发展,以“科索沃宣布独立事件”为例,研究自决权内容的演变、对国际法原则的影响等问题,从自决权当下困境展望未来。
The concept of the right to self-determination was born in Western Europe, where nationalist ideology prevailed in the 16th century. It was originally aimed at opposing national oppression and becoming the slogan of establishing a bourgeois state. Since the development of the theory of the right to self-determination, the main body has constantly changed or even alienated. In 2010, the International Court of Justice issued its advisory opinion on the unilateral declaration of independence by the Kosovo self-government. This has aroused widespread concern in the international community. In view of the different definitions of the right to self-determination over different periods and the development of its theory, taking the Kosovo Declaration of Independence as an example, this article studies the evolution of the content of self-determination and the impact on the principles of international law.