Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

When is secession legitimate?

View through CrossRef
<p>Secession claims are not sufficiently dealt with at international law. Similarly theoretical analyses of the moral justifications for secession widely differ, with little scholarly agreement on, for example, whether there is a primary right to secede, a remedial right only, or no right to secede at all. This paper reviews the scholarly debate on legal, moral and constitutional legitimacy of secession, and develops five criteria for assessing the overall legitimacy of a secession claim: (1) nationhood and claim to territory; (2) self-determination and autonomy; (3) treatment at the hands of the state; (4) viability of the proposed state ; and (5) position of the existing state. Applying these criteria to three very different but equally topical possible secession claims - Scotland from the United Kingdom, Catalonia from Spain, and Novorossiya from Ukraine - the interplay between these criteria is demonstrated.</p>
Victoria University of Wellington Library
Title: When is secession legitimate?
Description:
<p>Secession claims are not sufficiently dealt with at international law.
Similarly theoretical analyses of the moral justifications for secession widely differ, with little scholarly agreement on, for example, whether there is a primary right to secede, a remedial right only, or no right to secede at all.
This paper reviews the scholarly debate on legal, moral and constitutional legitimacy of secession, and develops five criteria for assessing the overall legitimacy of a secession claim: (1) nationhood and claim to territory; (2) self-determination and autonomy; (3) treatment at the hands of the state; (4) viability of the proposed state ; and (5) position of the existing state.
Applying these criteria to three very different but equally topical possible secession claims - Scotland from the United Kingdom, Catalonia from Spain, and Novorossiya from Ukraine - the interplay between these criteria is demonstrated.
</p>.

Related Results

Secession and Secessionist Movements
Secession and Secessionist Movements
Secession and secessionists movements have proliferated since the end of the Second World War. The academic literature has extensively explored these movements from different aspec...
Identity Based Federalism and its Implications: An Analytical Study
Identity Based Federalism and its Implications: An Analytical Study
The article has focused upon identity-based federalism practiced in some of the countries in the world. It has clarified the fears and the suspicions about secession if identity-ba...
Moralism in theories of secession: a realist perspective
Moralism in theories of secession: a realist perspective
AbstractMoral reasoning is the most common approach to secession in political philosophy. Just‐cause, choice and liberal‐cultural theories rely on moral conceptions of political au...
Legitimate Interests as a Lawful Ground for the Processing of Data and AI Development in the Middle East
Legitimate Interests as a Lawful Ground for the Processing of Data and AI Development in the Middle East
This article addresses the legal basis of legitimate interests for the processing of personal data in the region of the Middle East. Three categories of countries emerge after the ...
PERKEMBANGAN IMPLEMENTASI DUE DILIGENCE BAGI INVESTOR DALAM PENYELESAIAN SENGKETA MENGENAI LEGITIMATE EXPECTATION
PERKEMBANGAN IMPLEMENTASI DUE DILIGENCE BAGI INVESTOR DALAM PENYELESAIAN SENGKETA MENGENAI LEGITIMATE EXPECTATION
Penelitian ini bertujuan membahas mengenai perkembangan implementasi kewajiban due diligence oleh investor sebagai syarat atas klaim legitimate expectation dalam forum Investor-Sta...
Autodétermination et sécession : le cas Kurde
Autodétermination et sécession : le cas Kurde
Le droit à l'autodétermination est complexe en droit international public. Contrairement à ce qui est souvent véhiculé, on ne saurait en réduire la portée au droit à la sécession. ...
Understanding the Determinants of School District Secessions
Understanding the Determinants of School District Secessions
School district secession occurs when a community splits from an existing school district and creates a new district. While rare, secessions are increasing in number and relevance,...
Secession from and secession within the European Union: Toward a holistic theory of secession
Secession from and secession within the European Union: Toward a holistic theory of secession
Abstract After presenting some convergent tendencies and eclectic approaches to moral theories of secession in light of some practical applications of these theories...

Back to Top