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Improved: thoughts closely stored in diuretic-induced has. Because that is ne what it sets - having your download encyclopedia and arising you more and more solar, Recent and even pulmonary. International law provides no unambiguous basis for a right to secession.

In other words, when the principle of self-determination is not complied with, it may allow the dismemberment of a State, which may well be the opposite of what the drafters of the clause originally intended. In spite of this equivocality, the most common reading of self-determination, typically advocated by proponents of States, upholds the territorial integrity of States and thus restricts the principle of self-determination to an internal dimension. Construed in this way, the principle of self-determination perhaps entitles a people to minority rights and structures enabling autonomy or similar arrangements, such as those in federal States , but does not give them a right to secession.

According to this reading, external self-determination—ie the right to secession—is usually dormant, but may be activated in exceptional circumstances. Such an exception would notably apply when internal self-determination is violated.

  1. About this guide.
  2. Oxford Public International Law: Secession.
  3. Governance;
  4. Citas duplicadas.
  5. Selected reference e-books.
  6. In this understanding, the right to secession is a conditional right, with the violation of the principle of internal self-determination being the condition. The idea of forfeiture is obviously prominent in this approach. Such reasoning is, however, on the fringes of legal analysis and is strongly inspired by legitimacy considerations.

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    Indeed, there is little support for it in positive law. It is based on the idea of representation and, in an e contrario argument, can be understood as asserting that if a government does not represent the whole population without discrimination, the part of the population that is not represented may be entitled to a right to secession. A lack of appropriate representation as a violation of internal self-determination is thus understood to be a catalyst for the right to secession.

    Apart from this positive—though indirect—manifestation, other reasons for the activation of the right to secession can be found, if free associative reasoning is applied. The last circumstance was not given clear consideration by the Court, however. Moreover, when human rights are seriously and persistently violated—when the oppression of a people is extreme, for example—this is widely perceived in academia as activating the right to secession, although only as an ultima ratio for instance Tomuschat [] 35 [with further references].

    First, it is important to stress that the impact of such a right to secession would be limited ab initio. Situations in which secession is at stake are highly politicized, and a whole plethora of political arguments are used to support or undermine secessionist claims.

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    In such a setting, a right to secession, while certainly bolstering the position of that part of the State that wishes to secede, would be only one argument among many and its concrete application would be subject to fierce debate. Therefore, a higher, impartial implementing authority would be at least as important as the right itself. Then there are the concerns that are very familiar from the debate on humanitarian intervention : serious issues relating to threshold levels would have to be addressed if one needed to fix the level of oppression—the seriousness of human rights violations, the degree of the lack of participation, etc—that would entitle a people to secession.

    The ultima ratio qualification of the right to secession—as a last resort—would not clarify things very much, for the ultimacy of a measure could always be disputed. It probably only indicates that, in general, the threshold would have to be high. The duration of the oppression needed in order to activate the right would pose additional challenges. In particular, it would be necessary to answer the intricate question as to whether the right to secede would continue to exist, once the oppression had ended.

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    It is clear that secessionist claims are born out of difficult, multi-faceted circumstances. In such circumstances, it seems that various options would be available to address the underlying issues and, in most cases, secession would only be one of these options. Here, a right to secession seems to be a crude device—a black and white instrument applied to an area dominated by shades of grey.

    The right would confirm a bias in favour of one solution, namely secession, in a situation where many options should be available on an equal footing. This argument is clearly not against the legitimacy of action in face of oppression, but the crux is that there must be different means of addressing situations in which secessionist claims arise. To limit the options a priori to secession, even if only as an ultima ratio , seems to be an unbalanced approach that does not take the complexity of such situations into account. It sends out the wrong signals to the parties involved. And it includes a threat: the loss of a part of sovereignty in the event that basic international obligations, such as human rights etc, are not complied with.

    One would expect that there are more subtle ways of ensuring compliance than via a threat to break down territorial integrity—note the similar argument discussed in Reference re Secession of Quebec para. The Constitution would not prescribe the outcome of these negotiations see para. Clearly, this approach is tailored to the case of peaceful relations between the State and the part wanting to secede Peaceful Change. Yet, it is equally clear that, even in case of oppression, it is very difficult to reach a solution without negotiations.

    Encyclopedia of Public Administration and Public Policy, First Update Supplement

    However, it seems that such an approach fails to properly justify the direction it gives: why is the right to secession conditional while the preservation of territorial integrity is not? An account of only the most prominent cases associated with secession is given below for a more extended review of cases involving secession see Crawford —; Crawford discusses other cases which are relevant for the concept of secession and which are not mentioned here: Senegal, Singapore, Czech Republic, and Slovakia [ Czechoslovakia, Dissolution of ] Tibet , Kashmir , East Punjab, the Karen and Shan States, North Cyprus , Tamil Elam, South Sudan , Somaliland, Bougainville, Kurdistan, Republika Srpska, Chechnya, Anjouan, Gaugauzia, Nagorny-Karabach , and Yemen.

    Only the aspects of each case which are most relevant to the legal approach to secession are stressed here. As an international organization, the United Nations has never accepted and does not accept and I do not believe it will ever accept the principle of secession of a part of its Member State. The formula, which still holds true today, inspires the following grouping of cases relating to secession into pre-decolonization, decolonization, post-decolonization, and non-decolonization cases.

    On the contrary, decolonization gave rise to many secessionist movements. However, these movements did not primarily target the relationship between the administered territory and the administering State, but rather the relationship between the formerly administered territories themselves. They were formed within the newly created States in the wake of decolonization and mainly concerned the relations within or among the latter. These can be described as post-decolonization cases.

    These borders had been pre-drawn during colonization as external or administrative borders, without much regard to the relations, the ethnicity, or the sense of belonging of the inhabitants. During decolonization, these borders were preserved for practical reasons. Legally, this perpetuation of the boundaries was justified by the uti possidetis doctrine. However, when the administering power was beginning to leave the stage, the arbitrary nature of the borders was an important factor and one that fuelled secessionist claims.

    Attempts at secession were made in both cases. In the Katanga case, the regime of the province Katanga declared its independence from the newly established Republic of Congo in Congo, Democratic Republic of the. In the case of Biafra, the Ibo population endeavoured to secede from Nigeria and to establish its own State by declaring independence on 30 May Both attempts failed, mainly because the secessionist movements were not, or not sufficiently, endorsed by the international community.

    And it was a question about the Biafra incident that led UN Secretary-General U Thant to clarify the position of the United Nations in his famous dictum in the press conference of The continuing dispute about the referendum to be held in Western Sahara therefore appears as a dispute about the right to self-determination in the setting of decolonization, and not about the secession of Western Sahara, be it from Spain, Morocco, or Mauritania. It is difficult to explain the development of the State of Eritrea in terms of secession. In , Ethiopia dissolved the federation by annexing Eritrea Annexation.

    The Eritrean liberation movement fought a long civil war against Ethiopian forces and ultimately helped overthrow the military government of Ethiopia in National Liberation Movements ; Armed Conflict, Non-International. Nevertheless, although not a secession stricto sensu —Ethiopia agreed to Eritrea becoming a State—elements of secession appear, from a formal perspective, in that a new State emerged from the clutches of an existing sovereign State.

    Bangladesh initially constituted the eastern part of Pakistan, which, since decolonization, was geographically separated from the western part of Pakistan by the territory of India. When a mainly eastern Pakistani party, the Awami League, won the majority of seats in the election for the parliamentary assembly of Pakistan in , the government of Pakistan refused to accept the result and launched a military operation in the eastern part of Pakistan.

    In the ensuing civil war, India intervened in support of the Awami League. The Indian—Pakistani war that followed was ended by the surrender of Pakistan on 17 December Even before the defeat, India had recognized eastern Pakistan as the sovereign State of Bangladesh, which had formally been proclaimed in April Recognition by several States followed. While the case, which was also set in a post-decolonization context, is an incidence of secession, it also demonstrates the significance, from a political point of view, of foreign sponsorship and military support for the chances of success of secessionist movements.

    Secession of Quebec from Canada has been looming for a long time. The famous opinion of the Supreme Court of Canada Reference re Secession of Quebec on whether Quebec had a right to secede from Canada was only one episode in a mainly political incident, but from a legal point of view, it was the most interesting one. It opined that, under Canadian constitutional law, if the population of Quebec expressed its will to secede by a clear majority, this would entail an obligation to negotiate in good faith the change of the Canadian Constitution necessary for a withdrawal of Quebec, without any outcome of these negotiations being pre-determined by constitutional law paras 32—, in particular para.

    It held that international law, on the other hand, does not grant Quebec the right to secede unilaterally from Canada paras —46, in particular para. Since the Supreme Court gave its opinion in , the population of Quebec has not expressed the clear wish to secede, which, according to the opinion, would be required under Canadian constitutional law. In both cases, a State from which power had radiated out to the neighbouring States and beyond, came to an end.