A New Framework
Chapter 8: Inadequacy of existing international law rules
This chapter analyzes existing international law norms relevant to the issue of secession, and emphasizes the current failure of international law to appropriately address secession. It briefly analyzes existing treaties and customary rules related to secession, as well as recent case law by the International Court of Justice. The chapter concludes that international law currently does not contain a positive norm on secession, and that existing norms and principles on self-determination are inadequate to address all secessionist conflicts. It also concludes that the legal vacuum regarding secession has resulted in the fact that secessionist outcomes seem entirely dominated by the geopolitical interests of the most powerful states, and that this unfortunate situation could be ameliorated through the development of an international law framework on secession, which would constrain the behavior of all, including very powerful, states. Thus, the chapter concludes that it is necessary to develop a new normative framework on secession.
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