This chapter explores the intersection of secession, state recognition, and international law. It argues that customary international law does not explicitly address the legality of secession, and that statehood criteria must be assessed based on the facts of each case. It emphasizes that premature recognition of seceding entities can violate the non-intervention principle. The chapter hypothesizes that no legal right to remedial secession exists, although geopolitical considerations sometimes prompt states to bypass legal frameworks. It further discusses the relationship between territorial integrity and the recognition of states, arguing that international law generally treats secession as a matter to be decided internally, unless it is the result of unlawful force or a means of suppressing a majority population.

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Secessions and Public International Law

  • Patrick C. R. Terry

摘要

This chapter explores the intersection of secession, state recognition, and international law. It argues that customary international law does not explicitly address the legality of secession, and that statehood criteria must be assessed based on the facts of each case. It emphasizes that premature recognition of seceding entities can violate the non-intervention principle. The chapter hypothesizes that no legal right to remedial secession exists, although geopolitical considerations sometimes prompt states to bypass legal frameworks. It further discusses the relationship between territorial integrity and the recognition of states, arguing that international law generally treats secession as a matter to be decided internally, unless it is the result of unlawful force or a means of suppressing a majority population.