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Practicing Internal Self-Determination Vis-a-Vis Vital Quests for Secession

Published online by Cambridge University Press:  06 March 2019

Abstract

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It would be unrealistic to reject secession from the doctrine of self-determination and limit the doctrine to the colonialism context. Nevertheless, the question is: What principles do states need follow in response to secession movements? Democratic principles are not the best—or only—options to address these requirements, but the secession doctrine's development and state practice has made such principles legally and practically relevant, according to many scholars. This Article proposes that the focus of the debate should be transferred to the internal dimension of the right to self-determination. The possibilities that can come from the realization of this aspect of the right to self-determination can be further explored. Certainly there is a very wide and flexible range of options and measures for addressing, protecting, and promoting diversity, and thus overcoming identity conflicts and providing a balance of social power. Those political arrangements, though imperfect, can help to avoid secession, thereby providing stability, harmony, and prosperity of democratic societies. But practice has shown that there are exceptional cases in which the current conditions on the ground make the application of tools for internal self-determination impractical. In these exceptional cases, internal self-determination fails to achieve the desired goal. This Article examines the legal arrangements for realization of internal self-determination through the examples of Basque Country and Scotland as vital quests for secession in countries with long democratic traditions.

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Articles
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Copyright © 2016 by German Law Journal GbR 

References

1 International law neither allows nor prohibits secession. Yet, the international response towards unilateral secession is strong and that can be seen in the recent example of Crimea. See, for example, UNGA Res. 68/262 from March 17, 2014 in which the General Assembly relied upon resolution 2625 (XXV) of October 24, 1970 and the UN Charter to affirm its commitment to the sovereignty, political independence, unity, and territorial integrity of Ukraine within its internationally recognized borders.Google Scholar

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33 See G.A. Res. 2625, supra note 21, § 1 (noting “[e]ach State has the right freely to choose and to develop its political … system” does not necessarily include secession and independence).Google Scholar

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