Secession and International Law, . Conflict Avoidance - Regional Appraisals

In this volume the contributors focus on the issues of the legality or otherwise of the aspiration to secede in defined situations, as well as the appropriate means by which secessionist aims may be pursued or resisted. To dispel resentment, all cases must be judged by the same criteria, while variations in treatment due to factual differences have to be on the basis of clear distinctions made on equitable grounds. Even if not uniformly enforceable, they must be universally applicable. What should be those criteria? At present there is only partial consensus on the issues. Consequently, the Consortium on International Dispute Resolution (CIDIR) initiated a series of regional conferences on the subject of Secession and International Law, in collaboration with a number of the most prestigious institutes of international law and international relations on four continents. The contents of this volume are based on the results of those conferences.

Participating Institutes.- Participating Institutes.- Secession in Society and Law.- Self-Determination and Secession.- Order, Stability and Political Reality.- Self-Determination and Secession: The Jurisprudence of International Human Rights Tribunals.- Fundamental Legal Concepts.- Ongoing Global Legal Debate on Self-Determination and Secession: Main Trends.- A Legal Basis for Secession - Relevant Principles and Rules.- Secession and the Ban on the Use of Force: Some Reflections.- Evolving Principles.- Territorial Integrity and Secession: The Dialectics of International Order.- Sovereignty and Secession: Then and Now, Here and There.- Specific Issues.- Québec’s Right to Secessionist Self-Determination : The Colliding Paths of Canada’s Clarity Act and Québec’s Fundamental Rights Act.- Secession in North America: The United States & Puerto Rico.- Latin America: Self-Determination, Minorities, Indigenous People, Stability of Borders and Problems of Secession.- The Role of Recognition and Non-Recognition with Respect to Secession: Notes on Some Relevant Issues.- Conclusions and Recommendations from The Regional Conferences.