CEU Electronic Theses and Dissertations, 2012
| Author | Vezbergaite, Ieva |
|---|---|
| Title | Remedial Secession as an Exercise of the Right to Self-determination of Peoples |
| Summary | The purpose of this thesis is to examine whether international law of self-determination authorizes right to secession as remedy to violation of the right to self-determination of peoples. The content the right to self-determination in post-colonial context is very ambiguous and it is unclear whether modern law of self-determination authorizes external self-determination in the form of unilateral secession from existing state. The “remedial secession” theory has emerged that claims that people are entitled to secede under exceptional circumstances when their right to internal self-determination is being denied and there are no available remedies but secession. The methodology of the research was to present the theory of self-determination, to derive the doctrine of “remedial secession” from the theory of self-determination, to determine the status of the “remedial secession” doctrine based on its substantiation in the international practice, and to apply the doctrine on selected cases. The issues of “people” definition, territorial integrity and recognition are also discussed. It is submitted that right to “remedial secession” is a customary rule in the process of formation. |
| Supervisor | Hannum, Hurst |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/vezbergaite_ieva.pdf |
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