1. Secession: Final Frontier for International Law or Site of Realpolitik Revival?
- Author:
- Clifton van der Linden
- Publication Date:
- 07-2009
- Content Type:
- Journal Article
- Journal:
- The Journal of International Law and International Relations
- Institution:
- Munk School of Global Affairs at the University of Toronto
- Abstract:
- In its opinion regarding the legality of the secession of Quebec, the Supreme Court of Canada observed that 'the process of [state] recognition, once considered to be an exercise of pure sovereign discretion, has come to be associated with legal norms.' Mindful of the principle of effectivity, the Court was cautious not to overstate the bounds of legal authority in matters of secession. Nevertheless, the acknowledgement of international law as a constitutive element of state behaviour in matters relating to secession marks a significant departure from conventional realpolitik accounts, wherein 'successful revolution begets its own legality.'
- Political Geography:
- Canada