In: Routledge research in international law
This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms - such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.
In: Routledge research in international law
In: Routledge research in international law
In: Routledge Research in International Law Ser.
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of abbreviations -- Introduction -- 1. Secessionist processes: Concept, classification and rationale. Political bases of Catalan secessionism -- The importance of secession as a form of accession to statehood -- Searching for a concept of secession: distinguishing secession from other legal concepts -- Classification of secessionist processes by degree of success -- Proposed secessions -- Thwarted secessions -- De facto entities -- Completed secessions -- Reference to political arguments for secession -- The possibility of separation under State constitutions -- The starting point of the secession phenomenon: peoples and minorities -- The secessionist project in Catalonia -- Consideration of the Catalans as a people and the alleged basis of the secessionist process in political theories concerning recovery of statehood and reparation of historical injustices: a comparative analysis -- 2. The impossible basis of secession in the right of self-determination of peoples designed by the United Nations: Alleged legal bases of Catalan secessionism -- A review of international practice: from the principle of nationalities to the work of the League of Nations -- Non-colonial peoples in the basic texts of the United Nations -- The Charter of the United Nations of 1945 and the Universal Declaration of Human Rights of 1948 -- General Assembly Resolution 1514(XV) of 1960 and the International Covenant on Civil and Political Rights of 1966 -- General Assembly Resolution 2625(XXV) of 1970 -- The Declarations on Minorities (1992) and Indigenous Peoples (2007) -- Limited scope of the collective rights of non-colonial peoples as recognised in regional international law -- Formulation of a possible customary right based on remedial secession.
Englisch
Routledge
9781000430653, 1000430650, 9781000430691, 1000430693, 9781003200772, 100320077X, 9780367774202
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