This thesis reviews the international laws and theories of secession to evaluate the current standing of legitimate secession to promote a morally progressive process of secession. The thesis uses the theories of Primary Right and Remedial Only Right Theories of secession as the foundation of the understanding of legitimate secession to gather arguments of secession based on morality, logic and reality. This understanding from the theories is then used to assess the stance of international laws as well as domestic and international institutional decisions on the process of secession. Concepts such as the ‘principle of territorial integrity’ and ‘minimal realism’ connect international and domestic institutional law with theories, and arguments that stem from Remedial Only Right Theories are found in practice as well. Through a social constructivist perspective, an embedded multiple-case study of Scotland and the Basque Country are used to highlight the current – or potential – practice of secession. Theories of moral cosmopolitanism and the understanding of the establishment of law are used to suggest a revision of the practice of law that promotes a moral progression for the process of secession.
|Uddannelser||Global Studies, (Bachelor/kandidatuddannelse) Kandidat|
|Udgivelsesdato||29 jun. 2015|
- International Law