The Principle of Sovereignty and Secession Issue د. عبدالعزيز علي الجمالي

Abstract

     The principle of sovereignty is still a recognized principle in the modern International Law. Furthermore, it is a cardinal principle on which the current international regime depends. Such principle grants a state the right to maintain and defense its territorial unification and land safety.

Given that the secession leads to the reduction of the sovereignty in a part or parts of a state's territory and people within that part or parts of the territory, the issue is considered a matter of state sovereignty.

The aim of this research is to contribute to study the terms of principle of sovereignty, and to recognize the nature, motives and means of secession. This research illustrates the lawfulness extent of legitimacy of secession under the International Law amid the existence of principle of sovereignty.

For this purpose, the researcher used the descriptive analytical approach to describe the research topic with the assistance of legal references with analyzing the legal rules relevant to the topic of research in various international charters and legal contexts.

The conclusion of this research states the illegitimacy of secession amid the existence of principle of sovereignty according to the International Law which adopted neutrality to the embrace of the right of minority to self-determination through secession. The international law does not support the right to secession. Furthermore, it has not confirm explicitly the right to secession, however, it mostly refers that the due attention to minority rights does not indicate the right to secession legitimacy. The international attitudes towards secession proved the UN incredibility in several roles.       

Keywords: the principle of sovereignty, secession.

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