TITLE

Practicing Internal Self-Determination Vis-a-Vis Vital Quests for Secession

AUTHOR(S)
Shikova, Natalija
PUB. DATE
April 2016
SOURCE
German Law Journal;Apr2016, Vol. 17 Issue 2, p237
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
It would be unrealistic to reject secession from the doctrine of self-determination and limit the doctrine to the colonialism context. Nevertheless, the question is: What principles do states need follow in response to secession movements? Democratic principles are not the best-or only-options to address these requirements, but the secession doctrine's development and state practice has made such principles legally and practically relevant, according to many scholars. This Article proposes that the focus of the debate should be transferred to the internal dimension of the right to self-determination. The possibilities that can come from the realization of this aspect of the right to self-determination can be further explored. Certainly there is a very wide and flexible range of options and measures for addressing, protecting, and promoting diversity, and thus overcoming identity conflicts and providing a balance of social power. Those political arrangements, though imperfect, can help to avoid secession, thereby providing stability, harmony, and prosperity of democratic societies. But practice has shown that there are exceptional cases in which the current conditions on the ground make the application of tools for internal selfdetermination impractical. In these exceptional cases, internal self-determination fails to achieve the desired goal. This Article examines the legal arrangements for realization of internal self-determination through the examples of Basque Country and Scotland as vital quests for secession in countries with long democratic traditions.
ACCESSION #
114795800

 

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