Internal Self-determination and the Prevention of Secession in International Law /

Internal Self-determination and the Prevention of Secession in International Law /

Internal self-determination (ISD) empowers communities to shape their destiny within a state, transforming tension into opportunity. By actively engaging citizens in decision-making, governments can tailor policies to meet unique cultural and economic needs, quelling discontent and building trust. T...

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Main Author: Janković, Sava (Author)

Format: eBook

Language: English

Published: Leiden ; Boston : Brill | Nijhoff, 2025.

Series: Developments in International Law ; 82.
International Law E-books Online, Collection 2026.

Subjects:

Secession.
Self-determination, National.

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Call Number: KZ4028

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Table of Contents:
  • Acknowledgments
  • List of Abbreviations
  • 1 Introduction
  •  1 Significance of the Topic
  •  2 Originality and the State of Art in Legal Scholarship
  •  3 Methodology
  •  4 Chapters Outline
  • 2 The Right of a People to Self-Determination
  •  1 The Meaning, Importance and Problems of the Right to Self-Determination
  •  2 History of the Right to Self-Determination
  •   2.1 Self-Determination before wwii
  •   2.2 United Nations Era
  •  3 Two Main Aspects of the Right to Self-Determination
  •   3.1 External Self-Determination
  •   3.2 Internal Self-Determination
  •  4 The Position of the Right to Self-Determination in International Law
  •   4.1 Erga Omnes Character
  •   4.2 Jus Cogens
  •  5 Content
  •   5.1 Entitlements Contained in External Self-Determination
  •   5.2 Entitlements Contained in Internal Self-Determination
  •  6 Addressees
  •   6.1 Rightsholders of External Self-Determination
  •   6.2 Rightsholders of Internal Self-Determination
  •  7 Self-Determination as Both a Collective and an Individual Right
  • 3 The Right to Secession in International Law
  •  1 Motives for Secession
  •   1.1 Economic Reasons for Secession
  •   1.2 Legal-Political Reasons for Secession
  •   1.3 Socio-Cultural Reasons for Secession
  •  2 Secession: Notions, Position in International Law, and Theoretical Perspectives
  •   2.1 Definitional Attempts
  •   2.2 Secession and the Right to Self-Determination
  •   2.3 Theories of Secession (Introductory Remarks)
  •  3 Threefold Understanding of the Relationship between International Law and Secession
  •   3.1 Secession as a Legally Irrelevant Fact: a Critical Analysis of the General Claim
  •   3.2 Secession is Prohibited: International and Domestic Practice
  •   3.3 Secession is Permitted (Remedial Theory and Moral Justifications)
  •  4 In Lieu of a Firm Conclusion: Reflections on Divided International Legal Perspectives on Secession in the 21st Century
  • 4 Internal Self-Determination as a Method of Preventing Secession in International Law: Theoretical Approach
  •  1 General Observations (Hypothesis)
  •  2 Various Meanings of Internal Self-Determination
  •   2.1 isd as a Free Will and Non-Intervention
  •   2.2 isd as Inclusiveness and Non-Discrimination
  •   2.3 isd as Self-Government and Territorial Autonomy
  •   2.4 isd as a Conglomerate of Human Rights
  •  3 Internal Self-Determination as a Secession Prevention Method
  •   3.1 Orthodox and Qualified Counter-Secession Visions of ISD
  •  4 Secession Prevention Tools of ISD
  •   4.1 Democratic Governance
  •   4.2 Federalism
  •   4.3 Autonomism
  •  5 Internal Self-Determination and other Legal Means of Secession Prevention
  •   5.1 Territorial Integrity
  •   5.2 Uti Possidetis Juris
  •   5.3 Non-Intervention, Non-Use of Force and Non-Domination
  •   5.4 Domestic Law
  •  6 Non-legal Methods of Secession Prevention
  •   6.1 Demobilization (Generally)
  •   6.2 Internal and External Engagement
  •  7 Challenges in Utilizing ISD as a Tool to Prevent Secession
  •   7.1 The Neutrality of Secession Paradigm in International Law
  •   7.2 Threshold for Disallowing Secession and Competent Authority
  •   7.3 The Universality of the Rule
  •   7.4 Applicability in Existing v. Aspiring States: Exploring Incommensurability
  •   7.5 In Contradiction with Liberal Democracy?
  •  8 The Added Value of Internal Self-Determination
  •   8.1 Stability of Borders and Conflict Avoidance
  •   8.2 Protection and Advancement of Human Rights
  •  9 Opinion of Commentators
  • 5 Internal Self-Determination as a Method Preventing Secession in International Law: State and Institutional Practice
  •  1 Prolegomenon
  •  2 State Practice
  •   2.1 Travaux Préparatoires: Friendly Relations Declaration
  •   2.2 Debates in the United Nations General Assembly Third Committee (Social, Humanitarian & Cultural Issues)
  •   2.3 Reports to the Human Rights Committee
  •   2.4 Submissions in the icj's Kosovo Case
  •   2.5 The Liechtenstein Initiative on Self-Determination
  •   2.6 National Legislature
  •   2.7 Domestic Judicial Practice
  •  3 International Organizations Practice
  •   3.1 The United Nations
  •   3.2 Regional Organizations Approach
  •  4 Internal Self-Determination as Customary International Law?
  •  5 Towards the Definition of ISD's Content: What Does a State Need to Do?
  • 6 Internal Self-Determination in European States
  •  1 Preface
  •  2 Internal Self-Determination in Federal European States
  •   2.1 Belgium (Flanders, Wallonia and Brussels)
  •   2.2 Germany (Bavaria)
  •  3 Internal Self-Determination in Unitary European States
  •   3.1 Finland
  •   3.2 Three Levels of Governance
  •  4 Internal Self-Determination in Former European States
  •   4.1 The Historical Case of Yugoslav Federalism and Its Implications Today
  • 7 Conclusions
  • Index.