ANNEX I.

Levels of Legal Privileges of Entities

1. Colonial and analogous self-determination entities

• Separate legal personality
• Uti possidetis boundary
• Territorial integrity
• Permanent sovereignty over natural resources
• Right to administer act of self-determination
• However, generally, only one act of self-determination
• Right not to be repressed while seeking self-determination
• Right to struggle
• Right to recognition of national liberation movement
• Application of the law of international armed conflict
• Right to receive assistance
• Imprescriptable status (in theory)

2. Remedial self-determination entity

• Separate legal personality generated through non-
representation or repression, but only if these are persistent
and systematic, and there is no possibility of settlement
• Uti possidetis boundary
• Territorial integrity
• Permanent sovereignty over natural resources
• Right to administer act of self-determination
• However, generally, only one act of self-determination
• Right not to be repressed
• Right to resist repression
• Right to invoke the doctrine of responsibility to protect in
relation to external actors

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 Annex I
3. Constitutional self-determination entities
• Potential separate legal personality grounded in constitution
or constitutional practice
• Uti possidetis boundaries
• Guarantee of territorial integrity
• Relative sovereignty over natural resources
• Right to administer act of self-determination
• Obligation to respect minority rights
• Right not to be repressed while seeking self-determination
• Obligation to negotiate in good faith about secession
• Right to unilateral action if negotiations are frustrated by the
other side
• Right to self-defence

4. Effective (unprivileged) entities

• Internal status while struggling
• No positive ‘right’ to struggle
• Human rights, law of internal armed conflict
• Right of international initiative

5. Unlawful entity (having emerged in violation of jus cogens rules)

• Must not be recognised
• No support must be given in maintaining its status
• States should cooperate in restoring the previous situation

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