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Article
Self-Determination and Secession Under International Law: The New Framework
ILSA Journal of International and Comparative Law
  • Milena Sterio, Cleveland-Marshall College of Law, Cleveland State University
Document Type
Article
Publication Date
4-1-2015
Keywords
  • secession,
  • self-determination
Abstract

This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.

This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to adequately reconcile the mother state's right to the respect of its territorial integrity with the secessionist entity's claim for independence.

Citation Information
Milena Sterio. "Self-Determination and Secession Under International Law: The New Framework" ILSA Journal of International and Comparative Law Vol. 21 Iss. 2 (2015) p. 293 - 306
Available at: http://works.bepress.com/milena_sterio/34/