Why Do the United Nations and The International Community Treat Cases of Post-Independence Remedial Secessionist Demands Differently?
Year: 2025
Type: conference-paper
Abstract: The exercise of post-independence, remedial secession remains a grey area in international law.However, the view by some scholars that post-independence remedial secession is not permitted within the ambit of international law is becoming academic, as many groups have been able to separate from their parent states.The success or failure of asserting this type of independence largely depends on factors such as the interests of states and the nature of claims.There have been inconsistencies in state practice, as similar cases of remedial secession outside colonial boundaries are treated differently.This situation can be explained by stating that the international community is trying to avoid setting a dangerous precedent.Nevertheless, the need for clarity, predictability, and stability supports a paradigm shift in normative institutionalization of the procedure for post-independence, remedial secession.
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4411068702