Forced Secessions

44 Pages Posted: 22 Sep 2016

See all articles by Joseph Blocher

Joseph Blocher

Duke University School of Law

G. Mitu Gulati

Duke University School of Law

Date Written: September 21, 2016

Abstract

Many of the central challenges in international law arise from bad relationships between regions and the nations in which they are located. Some scholars and advocates argue for a right of remedial secession for regions facing oppression. Should states be able to claim an analogous right of “remedial expulsion” against malefactor regions? If it is an act of “self-determination” for the people of a region to leave a nation against the nation’s wishes, is the same thing true when they wish to stay against its wishes? Since acquisition and possession of territory is no longer the national priority it once was, can nations simply let go of undesirable regions — including former colonial outposts — that are proving too expensive? We argue that the traditional rules, based on the acceptance in international law of the legitimacy of imperial conquest, should be modified with a market-type system that permits forced secession in some circumstances, but imposes a penalty on the expelling nation.

Keywords: International Law, Secession, Expulsion, Colonization, Reparations

JEL Classification: K33

Suggested Citation

Blocher, Joseph and Gulati, Gaurang Mitu, Forced Secessions (September 21, 2016). Duke Law School Public Law & Legal Theory Series No. 2016-48. Available at SSRN: https://ssrn.com/abstract=2841965 or http://dx.doi.org/10.2139/ssrn.2841965

Joseph Blocher

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Gaurang Mitu Gulati (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
48
Abstract Views
478
PlumX Metrics