International legality and the Right to Decide

Abstract

In the context of the current political debate in Catalonia on the right to decide, the author tries to clarify in legal terms the scope of the expression “right to decide” and tries to identify what can be protected and to what extent in International Law. To this end, the author analyzes the principles and norms of International Law that may be relevant in this context: first, the principle of self-determination and, in particular, the internal dimension of this principle, and, second, human rights, democracy and the rule of law, which in International Law constitute an inseparable triad. The author believes that in current International Law it is recognized that the will of the people shall be the basis of the authority of government and that all political claims must be based on the rule of law, the basis on which to build fair and equitable societies.