مرکز منطقه ای اطلاع رساني علوم و فناوري - THE PRINCIPLE OF TERRITORIAL INTEGRITY, THE DOCTRINE OF RECOGNITION AND THE RIGHT TO SECESSION AS A NORM IN INTERNATIONAL LAW

Abstract :

“National self-determination” is generally accepted as a positive principle whereas the right to secession is a negative concept associated with chaos, instability and destructiveness. The consensual right to secede is not problematic. The real problem is the secession of a group that is never subject to injustices and is not given consent to secede. The global taboo against the cases of unilateral secession stood until the post-Cold War era; the principle of territorial integrity was recognised as superior. Except for colonialism, self-determination that is not accepted the right to independence is approved the autonomy application in a existing state. In the post-Cold War era, unilateral secessions has generally occurred in newly independent states. Also in Europe, independence slogans are increasing day by day. The Catalan, the Scottish and the Flemish nationalisms are shaped by three related factors: Identity, Autonomy and Economy. Except for Kosovo in 2008 and South Sudan in 2011, none of the separatist unit were recognized as a state by now. Though the traditional opinions about the separation that fashes the concepts as the end of the Cold War, sovereignty and territorial integrity, the radical opinion of the traditional opinions about the separation can not be changed. Conflicts targeting self-determination and secession are generally among the most perpetual and destructive conflicts. There exists another choice apart from the choices of ultimate victory and the prolonged conflict. This is the choice of negotiation.