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Secession - A Legal Approach

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Chapter Summary

The relationship between secession and international law is a subject that has long attracted the interest of jurisprudence. There are different perceptions in legal, as well as political, theories about the phenomenon of secession. A broad notion of secession includes all cases of separation of States in which the predecessor State continues to exist in a diminished territorial and demographic shape. For most authors, international law does not impact upon the creation of States, and is limited to taking note of the existence of a new sovereign entity, with all the legal consequences attached to it. Collective recognition can be a useful instrument for the creation of States and, conversely, collective non-recognition can in turn be used to obstruct secession as well.

Keywords: creation of States; International Law; secession



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