The right of self-determination

[PowerWizard]

The UN Charter says

All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

The charter and other resolutions did not insist on full independence as the best way of obtaining self-government, but during the decolonization of Africa, declaring independence and forming new states was acceptable by referring to the right of self-determination.

The Helsinki Final Act (international treaty, concluded in 1975) states that

By virtue of the principle of equal rights and self- determination of peoples, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development.

If we read this in historical context, it was of course a warning to the Soviet Union that it should respect the independence and sovereignity of its subjugated states. But this treaty also laid down that

The participating States recognize the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well- being necessary to ensure the development of friendly relations and co-operation among themselves as among all States.

In a reading, this ensures the right to self determination and obliges the states to acknowledge this right. But what happens if a certain group of people wishes to establish a state or join another state? As I mentioned earlier, this was acceptable during the decolonization. But the content of this right is not so clear now, take the example of Kosovo that separated from Yugoslavia by the intervention of the international community and became a de facto proctetorate.

Do you think that the right of self-determination establishes the right to form new states?
Who has the right to self-determination? Who are the "peoples" the UN Charter mentions? Nations or minorities as well? Who can tell the difference?
What should happen if a minority happens to be a part of another nation in another state?