THE RIGHT OF PEOPLES TO SELF-DETERMINATION TO SECESSION: CONSTITUTIONAL AND INTERNATIONAL ASPECTS

  • Davor Trlin

Abstract

The subject matter of the essay—the phenomenon of secession of a part


of state territory—is analysed from two aspects: the constitutional and the


international one. We tried to explain the legal nature, normative


solutions and consequences of secession, and to prove three hypotheses.


The first hypothesis is that initiating the procedure for secession depends


on certain factors such as ethnic conflicts, religion, and the distribution of


political power in the world. The second hypothesis is that the success of


secession depends on the constellation of the political and military power


in a state. The third hypothesis is that international law still recognises the


final status, although sometimes secession violates the constitutional


norms of the predecessor state. In legal theory, secession is one form of


exercising the right to self-determination. There is no rule in international


law that allows for or prohibits secession. International law lacks precise


standards on how to exercise the right to self-determination. From 1918


on there have been decisions that invoke the right of peoples to selfdetermination,


but no legal norms in international law prescribe in what


cases and how this right can be exercised. In this essay, we also talked


about the dilemma of whether secession of certain territories is a


precedent or whether that particular secession can create a custom.

Published
May 21, 2019
How to Cite
TRLIN, Davor. THE RIGHT OF PEOPLES TO SELF-DETERMINATION TO SECESSION: CONSTITUTIONAL AND INTERNATIONAL ASPECTS. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 233-247, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2933>. Date accessed: 15 aug. 2020.