Morality and Legality of Secession
A Theory of National Self-Determination| By: | Pau Bossacoma Busquets |
| Publisher: | Springer Nature |
| Print ISBN: | 9783030265885 |
| eText ISBN: | 9783030265892 |
| Edition: | 0 |
| Copyright: | 2020 |
| Format: | Reflowable |
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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.