Morality and Legality of Secession
Author | : Pau Bossacoma Busquets |
Publisher | : Palgrave Macmillan |
Total Pages | : 386 |
Release | : 2020-11-27 |
ISBN-10 | : 3030265919 |
ISBN-13 | : 9783030265915 |
Rating | : 4/5 (19 Downloads) |
Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.