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  • Cited by 9
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    This chapter has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Escudero Espinosa, Juan Francisco 2017. Self-Determination and Humanitarian Secession in International Law of a Globalized World. p. 139.

    Escudero Espinosa, Juan Francisco 2017. Self-Determination and Humanitarian Secession in International Law of a Globalized World. p. 157.

    Escudero Espinosa, Juan Francisco 2017. Self-Determination and Humanitarian Secession in International Law of a Globalized World. p. 9.

    Wilson, Gary 2016. Secession and Intervention in the Former Soviet Space: The Crimean Incident and Russian Interference in Its ‘Near Abroad’. Liverpool Law Review, Vol. 37, Issue. 3, p. 153.

    Faingold, Eduardo D. 2016. Language rights in Catalonia and the constitutional right to secede from Spain. Language Problems and Language Planning, Vol. 40, Issue. 2, p. 146.

    Oeter, Stefan 2015. Recognition in International Relations. p. 125.

    van den Driest, Simone F. 2015. Crimea’s Separation from Ukraine: An Analysis of the Right to Self-Determination and (Remedial) Secession in International Law. Netherlands International Law Review, Vol. 62, Issue. 3, p. 329.

    Coffey 2014. “She Is Waiting”: Political Allegory and the Specter of Secession in Chimamanda Ngozi Adichie's <em>Half of a Yellow Sun</em>. Research in African Literatures, Vol. 45, Issue. 2, p. 63.

    Chandhoke, Neera 2008. Exploring the Right to Secession. South Asia Research, Vol. 28, Issue. 1, p. 1.

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  • Print publication year: 2006
  • Online publication date: July 2009

4 - The role of recognition in the law and practice of secession

    • By John Dugard, Professor University of Leiden; Member International Law Commission; Member Institut de Droit international, David Raič, Deputy Director and Senior Programme Coordinator Hague Institute for the Internationalisation of Law
  • Edited by Marcelo G. Kohen, Graduate Institute of International Studies, Geneva
  • Publisher: Cambridge University Press
  • https://doi.org/10.1017/CBO9780511494215.006
  • pp 94-137
Summary

Introduction

Recognition and secession are closely associated. Recognition has provided the imprimatur of statehood to seceding entities for over two hundred years. Early secessions were, however, generally portrayed as assertions of independence from colonial empires or unions rather than as secessions. As international law until recent times did not exalt respect for existing boundaries into a well-nigh absolute rule, secessions were anticipated, if not approved, as a natural consequence of decolonisation and the restructuring of States to correspond to historical realities and ethnic needs. Recognition served as the instrument for the validation of claims to statehood on the part of new entities by existing member States of the community of nations. In exercising their discretion to grant or withhold recognition, States were concerned with the requirements of effective government, independence, absence of control by another State and the ability on the part of the claimant State to conduct foreign affairs with existing States, and not with the question whether the emergence of a new State violated the territorial integrity of the State from which it sought to secede. The main prohibition on recognition was to be found in the rule against premature recognition. This probably explains why neither of the leading English-language treatises on recognition – Hersch Lauterpacht's Recognition in International Law (1947) and Ti-Chian Chen's The International Law of Recognition (1951) – treats secession as a topic worthy of separate attention in the context of recognition.

The position has changed radically since the end of decolonisation.

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Secession
  • Online ISBN: 9780511494215
  • Book DOI: https://doi.org/10.1017/CBO9780511494215
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