- Title
- Unilateral non-colonial secession and the use of force: effect on claims to statehood in international law
- Creator
- Anderson, Glen
- Relation
- Connecticut Journal of International Law Vol. 28, Issue 2, p. 197-240
- Relation
- https://www.law.uconn.edu/student-life-resources/law-review-journals/connecticut-journal-international-law
- Publisher
- University of Connecticut, School of Law
- Resource Type
- journal article
- Date
- 2013
- Description
- Unilateral non-colonial (UNC) secession is a well recognised method of state creation and frequently involves the use of force. With few exceptions legal scholars have not analysed how the use of force by UNC secessionist groups might affect claims to statehood in international law. It is concluded that the use of force contrary to the law of self-determination will be illegal and constitute a violation of the peremptory norm prohibiting the illegal use of force. Any claims to statehood made under these conditions will be unsuccessful. When UNC secession is pursuant to the law of self-determination, however, three applications of the use of force are available to UNC secessionist groups: basic self-defence, indirect third state assistance and direct third state intervention. The third of these applications is the most controversial: although direct third state intervention is illegal, state practice indicates that it will not constitute a peremptory violation and will not therefore invalidate claims to statehood.
- Subject
- secession; force; statehood; international law; self-determination
- Identifier
- http://hdl.handle.net/1959.13/1058249
- Identifier
- uon:16370
- Identifier
- ISSN:0897-1218
- Language
- eng
- Reviewed
- Hits: 1464
- Visitors: 1426
- Downloads: 0
| Thumbnail | File | Description | Size | Format |
|---|