International law and morality in the theory of secession

The Journal of Ethics 2 (3):219-245 (1998)
Abstract
In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve the issue of secession. It would give territorial political societies a legally recognized liberty to conduct a plebiscite on secession, and, assuming such a plebiscite is won by the secessionist side, a qualified right in international law to create a state without interference. Alan Buchanan has argued that proposals of this sort would create perverse incentives. I argue that there is no good reason to believe this. The point is to allow the legal regulation of secession in cases where there are active secessionist movements with legitimate moral claims, and to attempt to dampen the desire for secession in cases where secessionist sentiment is not well grounded in social and geographic reality
Keywords international law  morality  plebiscites  rights  secession
Categories (categorize this paper)
Reprint years 2004
DOI 10.1023/A:1009732228806
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 32,628
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
96 ( #61,850 of 2,236,067 )

Recent downloads (6 months)
5 ( #121,597 of 2,236,067 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature