SECESSIONISM AND INSTITUTIONAL PERSPECTIVE
Separatism – and secessionist politicsin particular – is one of the most serious challenges to both state institutions and the international order as a whole: in fact, secessionist projects are pursued worldwide, under both democratic and non-democratic regimes, by both violent and non-violent means. As a matter of fact, in recent times the topic of secession has gained considerable attention and there have been several attempts at developing comprehensive frameworks to address it in global perspective. It goes without saying that this task is extraordinarily complex and multifaceted, yet it remains of the greatest importance. In any case, an increasing disposition is evident to consider secession – in theory and practice – in a way which was previously unknown, providing more space for critical positions with respect to basic features of the international order such as self-determination, state sovereignty and territorial integrity. Even so, the international divide over recognition of new sovereign entities and their status in international law remains unchanged; the need for shared vision and acceptable norms governing the processes of state creation and dissolution thus deserves the greatest attention and efforts from the international community as a whole.
If it is correct to link the increasing acceptance of secession to the historical trend of state multiplication, it appears likely that in the years to come the inter-state community will eventually accept the emergence of new sovereign entities which are now part of recognized states. The issue of secession is thus seems likely to continue to play a crucial role in the international realm, with all the difficulties deriving from its complex interaction withkey legal, political, ethical and identity issues.If geopolitical reconfigurations can bring about more peaceful, representative and functional entities, the historical opposition to secession and border-redrawing processesmay in the future be regarded as an old-fashioned perspective in international relations.
One challenge of the 21st century will be to develop a global administrative framework in which the rationale for the redrawing of borders and state creation is more clearly outlined. This will necessarily imply a redefinition of the basic features of states as primary geopolitical units. While it is clear that no theory, no matters how comprehensive, can claim absolute validity inaddressing such issues, it is probably time to start to frame a systemic approach that aims at reducing both violent attempts at separatism and violent central reactions. This would seem to require in the future the creation of a new adjudicative bodyas a recourse against unlawful acts by both states and mobilized groups. A guiding principle towards a procedural perspective on secession could be based on setting reciprocal patterns of checks and balances on exclusive areas of sovereignty; this would accordingly impose on states, sub-units and supranational organizations the duty and responsibility to negotiate their respective influence on each other without resorting to military coercion. In this way, distinct local communities would be allowed to freely determine their status – in accordance with the principle of self-determination – but at the same time would not be allowed to pursue their self-interest by discrediting other groups.
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(Based on:
the International Relations and Security Network
http://www.css.ethz.ch/en/services/digital-library/articles/article.html/155325/pdf
Power and Proximity: The Politics of State Secession
https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=2413&context=gc_etds)
NOTES
Michael Hechter (AB and Ph.D. from Columbia University) is the author of numerous books, including Internal Colonialism: The Celtic Fringe in British National Development, 1536-1966 (1975; 1998); Principles of Group Solidarity (1987); Containing Nationalism (2000), and Alien Rule (2013).
The United Nations (UN) Charterwas signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945.
Woodrow Wilson, an American statesman and academic, served as the 28th President of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the President of Princeton University from 1902 to 1910.
Fourteen Points(Jan. 8, 1918) is a declaration by U.S. President Woodrow Wilson during World War I outlining his proposals for a postwar peace settlement.
The Universal Declaration of Human Rights(UDHR) is a milestone document in the history of human rights, proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as a common standard of achievements for all peoples and all nations.
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The International Covenant on Civil and Political Rights(ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 23 March 1976, committing its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 3 January 1976, committing its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living.
Roman Ediberto is a Professor of Law in the Florida International University, College of Law, the author of “Reconstructing Self-Determination: the Role of Critical Theory in the Positivist International Law Paradigm”.
Birtch Anthony(17 February 1924 – 13 December 2014) was a British scholar and an expert in British politics and comparative politics, the author of “Another Liberal Theory of Secession”.He was a leading figure in the development of Britain's distinctive school of political science.
Chandhoke Neera is professor of political science at the University of Delhi, the author of “Contested Secessions: Rights, Self-Determination, Democracy, and Kashmir”.
Buchanan Allen Edward is the James B. Duke Professor of philosophy at Duke University and professor of Philosophy of International Law at King's College, London, the author of “Theories of Secession”.He has written six books covering such topics as Marx, applied ethics, social justice, and international justice, including the foundations of international law.
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