The Doctrine of Remedial Secession in International Law
Understanding the right of ethnic minority groups
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The doctrine of remedial secession has been one of the controversial subjects among international law scholars. The reason for this is not far-fetched, but is tied to different political views associated with it. It is often argued that international law and politics are like siamese twins, that a seperation from the other is simply not possible; yet the legal rules cannot be easily ignored. The right to remedial secession has been viewed as a logical manifestation of the right to self-determination. Self-determination can be internally and externally expressed. Internal self-determination is ...
The doctrine of remedial secession has been one of the controversial subjects among international law scholars. The reason for this is not far-fetched, but is tied to different political views associated with it. It is often argued that international law and politics are like siamese twins, that a seperation from the other is simply not possible; yet the legal rules cannot be easily ignored. The right to remedial secession has been viewed as a logical manifestation of the right to self-determination. Self-determination can be internally and externally expressed. Internal self-determination is conducted within the territorial boundaries of the State in the form of civil and non-violent protest against arbitral decisions and actions of government. Whereas external self-determination seeks to disassociate itself from the national state. In this book the author examines the rules and principles of international law in regulating the separation of a minority ethnic group from a sovereign state. Past and current examples of local community groups were analyzed on the basis of their legality to exercise such right under international law.
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