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other rights.
Self-determination has since been mentioned in a number of
judicial decisions, in particular, in the advisory opinions of the
International Court of Justice in the Namibia 9 and Western Sahara
cases. 10
While some Western writers incline to the view that selfdetermination
is a political or moral principle rather than a legal right,
others, such as Brownlie, regard it as a principle of customary
international law." I incline to the latter view and it is this view which
has been held by the legal advisers of Ghana over the years. Selfdetermination
has ascended to such height and prominence that few
international lawyers would now deny its predominant position among
the principles of customary international law.
As is well known, the principle has been extended beyond the
political context to the economic field, thereby creating a right of
economic self-determination. The Declaration on Permanent
Sovereignty over Natural Resources of 14 December 1962"2 and the
similarly titled resolution of 17 December 1973's serve as evidence of
this legal evolution. The Declaration on the Establishment of a New
International Economic Order of I May 19741 4 and the Charter of
Economic Rights and Duties of States of 12 December 1974 s are further
examples. Not surprisingly, the principle of self-determination in the
economic field is not accepted as a right under international law by most
Western countries.
This brings me to the Namibian question, in which my
predecessors once more played a significant role. Begining in 1957,
when Ghana joined the United Nations, the Namibian issue was
'Legal Consequences for States of the Continued Presence of South Africa in
Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970),
Advisory Opinion, LC.J. Reports 1971, p. 16, paras. 52-53.
'" Western Sahara, Advisory Opinion, LCJ. Reports 1975, p. 12, paras. 54-59.
Note also the Separate Opinion of Judge Ammoun in Barcelona Traction, Light
and Power Company, Limited, Judgment, .CJ. Reports 1 9 70, p. 3 at pp. 304 and 311-313.
" . Brownlie, Principles of Public InternationalLaw, 4th ed. (Oxford, England,
Clarendon Press, 1990).
:2 General Assembly resolution 1803 (XVII).
:3General Assembly resolution 3171 (XXVIII).
S 4 General Assembly resolution 3201 (S-VI).
"SGeneral Assembly resolution 3281 (XXIX).