Remedial secession : the legitimisation of a separatist quest

Abstract

This study examines the moral and legal justifications for remedial secession, which could be pursued by a region or group seeking to form a separate state without the parent state's consent. There are differing opinions on secession in international law, with some scholars arguing that it relates to colonialism only and others highlighting the tensions it can create. The dissertation examines the scope of the right to self-determination, territorial integrity, and remedial secession through self-determination in cases of persecution of human rights. The study will illustrate that although a right to remedial secession is not guaranteed in all circumstances, it is of considerable relevance for protecting human rights in the future. The method adopted in the text is by weighing territorial integrity against self-determination to illustrate that the latter should prevail when a minority group suffers persecution at the hands of the parent state. This approach implies that secession should only be permitted after peaceful resolution methods have been futile. The dissertation concludes by building upon a proposed framework for implementing and structuring a remedial right to secede in international law. While remedial secession remains a contentious issue, it could be a practical solution for addressing human rights violations. If a legal framework for remedial secession exists, the international community could offer a consistent approach to secessionist movements.