Biblioteca PGR


PP1010
Analítico de Periódico



HARZL, Benedikt
Von Katalonien bis Kosovo : kritische gedanken zur normativkonstruktion der remedial secession / Benedikt Harzl
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft, Baden-Baden, a.101 n.2 (2018), p.97-116


DIREITO INTERNACIONAL PÚBLICO, SECESSÃO DE ESTADOS / Catalunha, DIREITO À AUTODETERMINAÇÃO

The reignited conflict between the regional government of Catalonia and the Spanish government has once again fueled the debate about the right to self-determination of peoples concerning its underlying normative contents as well as the question as to who precisely is entitled to invoke that very right. Yet, apart from these fundamental issues, much attention in this context is devoted to the normative discourse on remedial secession. Hence, the contentious issue as to whether international law provides for a right to unilateral secession after serious injustices as a remedy is – years after the ICJ advisory opinion on Kosovo – back on the political stage and is enthusiastically invoked by all parties of this conflict. The fundamental question of the legality of remedial secession goes well beyond the Catalonian case. This article will, hence, seek to contribute to a critical reflection on this normative discourse by highlighting some of its most contentious weaknesses and pitfalls.