International Law and the Self-Determination of South Sudan
"In this paper the author have explored the vexing question of the right to self-determination in Africa with particular reference to developments under both general international law and African regional law regarding the tension between self-determination and the territorial integrity of states. Focusing on the case of South Sudan, which has come about as a result of a factual and legal situation that emerged from years of devastation from civil war and high-level peace efforts, the paper examined the various mechanisms available under international law for resolving the conflict between self-determination and the territorial integrity of states. Although this conflict has not been conclusively settled under international law, it was noted that scholarly writings and regional law recognise that the principle of territorial integrity of states is not absolute. Indeed, the case of South Sudan is illustrative of this recognition on the part of African states and potentially offers the first test case for applying these normative developments in practice. This applies to both internal and external self determination."