Towards a Comprehensive Theory on Self-Determination? Some Remarks Starting from a Recent Book by Pau Bossacoma Busquets

Abstract

The essay aims at reflecting upon the multifaced issue of secession and self-determination, starting from the reading of the recent volume Morality and Legality of Secession by Pau Bossacoma Busquets. Having blurry boundaries among academic disciplines, secession is analyzed (both separately and jointly) through different perspectives: political philosophy, international law, and constitutional law. However, the goal of the book is not only to offer a comprehensive perspective on the matter but also to propose an alternative theory on secession based on a hypothetical multinational contract, building upon Rawlsian contractualism. The main features and principles of Bossacoma’s theory Justice as multinational fairness permeate the entire book, sewing together the moral as well as the legal aspects of secession. Moreover, the “ideal” and “non-ideal” contexts are always in dialogue, with the support of multiple real-world examples.

Keywords: secession, constitutional law, constitutional theory, self-determination, International law