Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SPRING 2011 , Volume 13 , Number 32; Page(s) 231 To 264.
 
Paper: 

SECESSION IN INTERNATIONAL LAW: INCONSISTENCY OF THE RIGHT OF PEOPLE TO SELF-DETERMINATION AND THE PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY

 
 
Author(s):  ZIAEE SEYED YASER*
 
* ALLAME TABATABAEI UNIVERSITY
 
Abstract: 

Russia and Nicaragua recognized South Ossetia and Abkhazia as independent states in August 2008. Beforehand Kosovo was recognized by about 60 states. While there are a lot of examples of secession from parent state, the law governing on secession is very ambiguous and abstract. International law has two inconsistent principles in relation to this field: right of people to self-determination and principle of respect to territorial integrity. Secessions which occurred in the past were interpreted with the principle of effectively and recognition by parent state. But in the present cases we can see a tendency for recognition of secession by third states. This fact indicates that international community believes the emergence of the right of self-determination in contrast with the classic principle of respect to territorial integrity. Present paper represents the state practice in which states preferred the right of self-determination to principle of territorial integrity and assesses international law bases which relate to this problem.

 
Keyword(s): INTERNATIONAL LAW, SECESSION, RIGHT OF SELF-DETERMINATION, PRINCIPLE OF RESPECT TO TERRITORIAL INTEGRITY, RECOGNITION OF STATES
 
References: 
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