Territorial Entitlement and Exit Scenarios

Chapter 6 in Law, Territory and Conflict Resolution (M. Nicolini, F. Palermo and E. Milano eds.) Brill, 2016, 105

19 Pages Posted: 17 Jun 2016

See all articles by Jure Vidmar

Jure Vidmar

Maastricht University - Faculty of Law

Date Written: 2016

Abstract

A number of territorial referendums have been held recently across Europe, perhaps the most significant ones being in Crimea and Scotland. For 2016, an EU-exit referendum has been announced in the United Kingdom. This chapter is concerned with the various exit situations and clarifies the effects of territorial referendums, as well as the nature of territorial entitlement in international law. It argues that territorial entitlement is not absolute and expressions of the will of the people, in principle, do not have self-executing effects. Although the EU is not a state, an exit from this complex legal association poses several questions similar to those that arise under the circumstances of secession. It is argued that solutions to these legal questions should indeed be sought analogously with secessionist scenarios.

Keywords: territorial referendum, EU exit, secession, territorial entitlement

Suggested Citation

Vidmar, Jure, Territorial Entitlement and Exit Scenarios (2016). Chapter 6 in Law, Territory and Conflict Resolution (M. Nicolini, F. Palermo and E. Milano eds.) Brill, 2016, 105 , Available at SSRN: https://ssrn.com/abstract=2796208

Jure Vidmar (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

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