Internal Self-Determination and the Prevention of Secession in International Law

Erscheinungsjahr 2025
ISBN: 978-90-04-72281-1
Verlag: Brill

Buch, Englisch, Band 82, 419 Seiten, Format (B × H): 155 mm x 235 mm

Reihe: Developments in International Law

Internal self-determination (ISD) empowers communities to shape their destiny within a state, transforming tension into opportunity. By actively engaging citizens in decision-making, governments can tailor policies to meet unique cultural and economic needs, quelling discontent and building trust. This dynamic process channels energy into reform and inclusion, ensuring every voice is heard and valued. As grievances are addressed, loyalty to the state strengthens and the appeal of secession fades. Ultimately, internal self-determination fosters unity, invigorates national pride, and creates a resilient, inclusive society that prevents fragmentation and secures lasting peace. Recognizing that self-determination extends beyond its traditional external form to include internal practices offers a viable solution for preserving its contemporary legal relevance and advancing human rights.

Autoren/Hrsg.

Jankovic, Sava

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

Acknowledgments

List of Abbreviations

1 Introduction 1 Significance of the Topic 2 Originality and the State of Art in Legal Scholarship 3 Methodology 4 Chapters Outline

2 The Right of a People to Self-Determination 1 The Meaning, Importance and Problems of the Right to Self-Determination 2 History of the Right to Self-Determination 2.1 Self-Determination before wwii 2.2 United Nations Era 3 Two Main Aspects of the Right to Self-Determination 3.1 External Self-Determination 3.2 Internal Self-Determination 4 The Position of the Right to Self-Determination in International Law 4.1 Erga Omnes Character 4.2 Jus Cogens 5 Content 5.1 Entitlements Contained in External Self-Determination 5.2 Entitlements Contained in Internal Self-Determination 6 Addressees 6.1 Rightsholders of External Self-Determination 6.2 Rightsholders of Internal Self-Determination 7 Self-Determination as Both a Collective and an Individual Right

3 The Right to Secession in International Law 1 Motives for Secession 1.1 Economic Reasons for Secession 1.2 Legal-Political Reasons for Secession 1.3 Socio-Cultural Reasons for Secession 2 Secession: Notions, Position in International Law, and Theoretical Perspectives 2.1 Definitional Attempts 2.2 Secession and the Right to Self-Determination 2.3 Theories of Secession (Introductory Remarks) 3 Threefold Understanding of the Relationship between International Law and Secession 3.1 Secession as a Legally Irrelevant Fact: a Critical Analysis of the General Claim 3.2 Secession is Prohibited: International and Domestic Practice 3.3 Secession is Permitted (Remedial Theory and Moral Justifications) 4 In Lieu of a Firm Conclusion: Reflections on Divided International Legal Perspectives on Secession in the 21st Century

4 Internal Self-Determination as a Method of Preventing Secession in International Law: Theoretical Approach 1 General Observations (Hypothesis) 2 Various Meanings of Internal Self-Determination 2.1 isd as a Free Will and Non-Intervention 2.2 isd as Inclusiveness and Non-Discrimination 2.3 isd as Self-Government and Territorial Autonomy 2.4 isd as a Conglomerate of Human Rights 3 Internal Self-Determination as a Secession Prevention Method 3.1 Orthodox and Qualified Counter-Secession Visions of ISD 4 Secession Prevention Tools of ISD 4.1 Democratic Governance 4.2 Federalism 4.3 Autonomism 5 Internal Self-Determination and other Legal Means of Secession Prevention 5.1 Territorial Integrity 5.2 Uti Possidetis Juris 5.3 Non-Intervention, Non-Use of Force and Non-Domination 5.4 Domestic Law 6 Non-legal Methods of Secession Prevention 6.1 Demobilization (Generally) 6.2 Internal and External Engagement 7 Challenges in Utilizing ISD as a Tool to Prevent Secession 7.1 The Neutrality of Secession Paradigm in International Law 7.2 Threshold for Disallowing Secession and Competent Authority 7.3 The Universality of the Rule 7.4 Applicability in Existing v. Aspiring States: Exploring Incommensurability 7.5 In Contradiction with Liberal Democracy? 8 The Added Value of Internal Self-Determination 8.1 Stability of Borders and Conflict Avoidance 8.2 Protection and Advancement of Human Rights 9 Opinion of Commentators

5 Internal Self-Determination as a Method Preventing Secession in International Law: State and Institutional Practice 1 Prolegomenon 2 State Practice 2.1 Travaux Préparatoires: Friendly Relations Declaration 2.2 Debates in the United Nations General Assembly Third Committee (Social, Humanitarian & Cultural Issues) 2.3 Reports to the Human Rights Committee 2.4 Submissions in the icj’s Kosovo Case 2.5 The Liechtenstein Initiative on Self-Determination 2.6 National Legislature 2.7 Domestic Judicial Practice 3 International Organizations Practice 3.1 The United Nations 3.2 Regional Organizations Approach 4 Internal Self-Determination as Customary International Law? 5 Towards the Definition of ISD’s Content: What Does a State Need to Do?

6 Internal Self-Determination in European States 1 Preface 2 Internal Self-Determination in Federal European States 2.1 Belgium (Flanders, Wallonia and Brussels) 2.2 Germany (Bavaria) 3 Internal Self-Determination in Unitary European States 3.1 Finland 3.2 Three Levels of Governance 4 Internal Self-Determination in Former European States 4.1 The Historical Case of Yugoslav Federalism and Its Implications Today

7 Conclusions

Index

Über Autor(innen)

Dr iur. Sava Jankovic, is a Visiting Scholar at the School of Law, University of Durham and was an Assistant Professor at the Institute of Law Studies, Polish Academy of Sciences (2021-2023).