Secession: International Law Perspectives

Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9781107407824
Published In: October 2012
Format: Paperback , 548 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This 2006 book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

• Exhaustive analysis of a hotly debated topic in international law

• Examines the issues of self-determination versus State unity

• Devotes a section entirely to secessionist practice in each region of the world

List of contributors	page viii
		Preface	x
		Table of cases	xii
		Table of international instruments	xviii
		List of abbreviations	xxxi

		Introduction	1
		MARCELO G. KOHEN

		PART I The Foundations of International Law and Their Impact on Secession	21
1		Secession and self-determination	23
		CHRISTIAN TOMUSCHAT
2		Secession, terrorism and the right of self-determination	46
		ANDREW CLAPHAM
3		Secession and external intervention	65
		GEORG NOLTE
4		The role of recognition in the law and practice of secession	94
		JOHN DUGARD AND DAVID RAIČ
5		The State as a ‘primary fact’: some thoughts on the principle of effectiveness	138
		THÉODORE CHRISTAKIS*
6		A normative ‘due process’ in the creation of States through secession	171
		ANTONELLO TANCREDI
7		Secession and the law of State succession	208
		ANDREAS ZIMMERMANN
8		Are there gaps in the international law of secession?	231
		OLIVIER CORTEN*

		PART II International and Domestic Practice	255
9		The question of secession in Africa	257
		FATSAH OUGUERGOUZ AND DJACOBA LIVA TEHINDRAZANARIVELO*
10		International law and secession in the Asia and Pacific regions	297
		LI-ANN THIO
11		Secession and international law: the European dimension	355
		PHOTINI PAZARTZIS
12		Secession and international law: Latin American practice	374
		FRIDA ARMAS PFIRTER AND SILVINA GONZÁLEZ NAPOLITANO
13		Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada	416
		PATRICK DUMBERRY
14		The Secession of the Canton of Jura in Switzerland	453
		CHRISTIAN DOMINICÉ*
15		Conclusions	470
		GEORGES ABI-SAAB

		Select bibliography	477
		Index	495

Marcelo G. Kohen
Graduate Institute of International Studies, Geneva

Review of the hardback: 'All in all, Marcelo Kohen, who has written also an informative introductory chapter to this book, is to be congratulated for this well-conceived, thought-provoking collection of essays. Future studies on the law of secession will find in this book an important reference point and a rich source of information.' Peter Hilpold, Austrian Review of International and European Law