Secession: International Law Perspectives

The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

List of contributors; List of abbreviations; Table of cases; Table of international instruments; Table of national legislation; Foreword; Introduction Marcelo G. Kohen; Part I. The Foundations of International Law and their Impact on Secession: 1. Secession and self-determination Christian Tomuschat; 2. Secession, terrorism and the right of self-determination Andrew Clapham; 3. Secession and external intervention Georg Nolte; 4. The role of recognition in the law and practice of secession John Dugard and David Raic; 5. The state as a 'primary fact': some thoughts on the principle of effectiveness Theodore Christakis; 6. A normative 'due process' in the creation of states through secession Antonello Tancredi; 7. Secession and the law of state succession Andreas Zimmermann; 8. Are there gaps in the international law of secession? Olivier Corten; Part II. International and Domestic Practice: 9. The question of secession in Africa Fatsah Ouguergouz and Djacoba Liva Tehindrazanarivelo; 10. International law and secession in the Asia and Pacific regions Li-ann Thio; 11. Secession and international law: the European dimension Photini Pazartzis; 12. Secession and international law: Latin American practice Frida Armas Pfirter and Silvina Gonzalez Napolitano; 13. Lessons learned from the Quebec secession reference before the Supreme Court of Canada Patrick Dumberry; 14. The secession of the Canton of Jura in Switzerland Christian Dominice; Conclusions Georges Abi-Saab; Select bibliography.