A New Framework
Chapter 9: A proposal for a new framework on secession
As other chapters have already noted, international law on secession is neutral. While no specific norms prohibit secession, there is no positive entitlement either under international treaty or custom that would bestow secession rights on any particular peoples or other groups. This state of affairs is unsatisfactory because it allows secessionist conflicts to be governed by geopolitics and because having a normative framework on secession would impose legal constraints on the behavior of powerful states and contribute to the resolution of secessionist conflicts. In addition, developing a legal framework on secession would not undermine the existing international law system, because such a framework would combine traditional norms of territoriality and state sovereignty with the protection of human and group rights. This chapter develops such a legal framework on secession.
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