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Neutrality of International Law Towards Secession: An Old-Fashioned Story or the Beginning of a New Chapter?

24 Pages Posted: 2 Oct 2017  

Giulia Landi

University of Florence - Law School

Date Written: September 29, 2017

Abstract

The paper seeks to explore the boundaries of the concept of neutrality of international law towards secession. It argues that a reinterpretation of the neutral approach is possible. On this basis, the paper suggests that the relationship between secession and self-determination could be reinterpreted as well. An empirical approach is adopted, choosing the cases of Catalonia, Scotland and Crimea. Although very different in nature, the paper takes advantage of some common features of these cases to suggest that (i) international law might be setting some guidelines about the process leading to secession and (ii) the current understanding of the right to self-determination should be disentangled from that of a potential right to secede.

Keywords: secession; self-determination; democracy; Scotland, Catalonia; Crimea

Suggested Citation

Landi, Giulia, Neutrality of International Law Towards Secession: An Old-Fashioned Story or the Beginning of a New Chapter? (September 29, 2017). European Society of International Law (ESIL) 2017 13th Annual Conference & Research Forum. Available at SSRN: https://ssrn.com/abstract=3045272

Giulia Landi (Contact Author)

University of Florence - Law School ( email )

Firenze
Italy

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