Show Less
You do not have access to this content

Secession in International Law

A New Framework

Milena Sterio

Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Show Summary Details
You do not have access to this content

Chapter 7: Successful recent secessions

Milena Sterio

Extract

This chapter analyzes cases of recent successful secessions, including South Sudan, Kosovo, and Crimea. The chapter will discuss whether these instances of secession involved the right of self-determination, or whether they entailed different paradigms, leading to a new model and legal framework on secession. It concludes that it is difficult to analyze these cases as pure instances of secession, completely detached from the exercise of the right to self-determination. These cases are significant, however, because they shed light on circumstances under which groups have claimed the right to separate from their mother states. Such circumstances are in turn relevant for any discussion of a possible legal right to secession.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.