This page intentionally left blank SECESSION The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law This book offers a comprehensive study of secession from an international law perspective, focusing on recent practice and applicable rules of contemporary international law It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia Core questions are addressed from different perspectives, and in some cases with divergent views The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession marcelo g kohen is Professor of International Law at the Graduate Institute of International Studies, Geneva SECESSION International Law Perspectives Edited by MARCELO G KOHEN cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge cb2 2ru, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521849289 © Cambridge University Press 2006 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2006 isbn-13 isbn-10 978-0-511-16103-2 eBook (EBL) 0-511-16103-4 eBook (EBL) isbn-13 isbn-10 978-0-521-84928-9 hardback 0-521-84928-4 hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate CONTENTS List of contributors Preface Table of cases Table of international instruments List of abbreviations Introduction marcelo g kohen pa r t i The Foundations of International Law and Their Impact on Secession Secession and self-determination christian tomuschat Secession, terrorism and the right of self-determination andrew clapham Secession and external intervention georg nolte The role of recognition in the law and practice of secession john dugard and david rai cˇ page viii x xii xviii xxxi 21 23 46 65 94 The State as a ‘primary fact’: some thoughts on the principle of effectiveness 138 ∗ ´ th eodore christakis v vi contents A normative ‘due process’ in the creation of States through secession antonello tancredi 171 Secession and the law of State succession andreas zimmermann 208 Are there gaps in the international law of secession? olivier corten ∗ 231 pa r t ii International and Domestic Practice 255 The question of secession in Africa fatsah ouguergouz and djacoba liva tehindrazanarivelo ∗ 257 10 International law and secession in the Asia and Pacific regions li-ann thio 297 Secession and international law: the European dimension photini pazartzis 355 11 12 13 14 Secession and international law: Latin American practice ´ frida armas pfirter and silvina gonzalez napolitano Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada patrick dumberry The Secession of the Canton of Jura in Switzerland christian dominic e´ ∗ 374 416 453 contents 15 ∗ vii Conclusions georges abi-saab 470 Select bibliography Index 477 495 In French, with abstract in English CONTRIBUTORS Georges Abi-Saab, Honorary Professor, Graduate Institute of International Studies, Geneva; Member of the Institut de Droit international Frida Armas Pfirter, Professor, Faculty of Law, Austral University, Buenos Aires Th´eodore Christakis, Professor, Faculty of Law, University of Grenoble Andrew Clapham, Professor of International Law, Graduate Institute of International Studies, Geneva Olivier Corten, Professor, Faculty of Law, Free University of Brussels Christian Dominic´e, Honorary Professor, Graduate Institute of International Studies and Law Faculty, University of Geneva; Member and former Secretary-General of the Institut de Droit international John Dugard, Professor, University of Leiden; Member of the International Law Commission; Member of the Institut de Droit international Patrick Dumberry, Member of the Quebec Bar, Attorney at Lalive & Partners, Geneva Marcelo G Kohen, Professor of International Law, Graduate Institute of International Studies, Geneva Silvina Gonz´alez Napolitano, Professor of International Law, Catholic University of Argentina; Associate Professor, University of Buenos Aires Georg Nolte, Professor, Institute of International Law, University of Munich Fatsah Ouguergouz, Secretary of the International Court of Justice, The Hague Photini Pazartzis, Professeur agreg´ee, Faculty of Law, National and Capodistrian University of Athens viii ... of secession marcelo g kohen is Professor of International Law at the Graduate Institute of International Studies, Geneva SECESSION International Law Perspectives Edited by MARCELO G KOHEN cambridge. .. United States of America by Cambridge University Press, New York www .cambridge. org Information on this title: www .cambridge. org/9780521849289 © Cambridge University Press 2006 This publication is... MARCELO G KOHEN cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge cb2 2ru, UK Published