Linked e-resources
Details
Table of Contents
Intro
Preface
Contents
Editor and Contributors
The Absence of Any Basis for Secession in the Right of Self-Determination of Peoples and in the Serious Violations of Human Ri...
1 The Phenomenon of Secession as a Form of State Creation
2 The Right to Self-Determination of Peoples and Secession
2.1 The Construction of the Regime of Self-Determination for the Peoples Under Colonial Domination
2.2 The Absence of External Self-Determination in the International Regulation of the Rights of Indigenous Peoples and Nationa...
3 Human Rights Violations and Secession: Emerging Construction of a Doctrine of Remedial-Secession
4 Final Considerations
References
Secession Through Constitutional Reform? A Comparative Study
1 Introduction
2 Material Limits to Constitutional Reform
2.1 Explicit Intangibility Clauses
2.2 Implicit Intangibility Clauses
2.3 The Spanish Constitutional Court and the Possibility of Including a Secession Clause in the Constitution
2.3.1 From an Apparent Initial Refusal
2.3.2 To Final Acceptance
2.3.2.1 With Regard to the ``Ibarretxe Plan:́́ The Basque Law 9/2008, on Consultation
2.3.2.2 Within the Framework of the Catalan ``Procés ́́
The Organic Law 6/2006, of 19 July, on the Reform of the Statute of Autonomy of Catalonia
Law 10/2014, of 26 September, on Non-Referendum Popular Consultations and Other Forms of Citizen Participation
Law 19/2017, of September 6, on the Referendum on Self-Determination
Law 20/2017, of 8 September, on Legal and Foundational Transience of the Republic
3 Comparative Constitutional Law and Internal Separatist Tensions
3.1 The United States of America
3.2 Canada
3.3 Scotland
3.4 Italy
3.5 Germany
4 Conclusions
References
The Right to Self-Determination: An Interpretation from Spain
1 Introduction
2 The Right to Self-Determination of Peoples in International Law. A Two-Pronged Right: Internal and External
2.1 The Interpretation of the Right of Self-Determination of Peoples
2.2 The Context: A Right Stemming from the Decolonization Process
2.3 The Two Aspects of the Right to Self-Determination: Internal and External
2.3.1 The Internal Aspect
2.3.2 The External Aspect
3 Neither International Law nor the Spanish Constitution Protect the Right of External Self-Determination that Nationalism Inv...
3.1 False Foundation for an Impossible Construction
3.1.1 A Useless and False Recourse to International Law
3.1.2 The Right to External Self-Determination and the Spanish Constitution of 1978: An Impossible One
3.1.3 The Constituent Subject Is the ``Spanish Nation.́́ There Are No Other ``Peoples ́́
4 Conclusions
References
Debate on International Law as a Foundation for Independence: Catalonia
1 October 2017: Catalonia, Three Times Independent
Preface
Contents
Editor and Contributors
The Absence of Any Basis for Secession in the Right of Self-Determination of Peoples and in the Serious Violations of Human Ri...
1 The Phenomenon of Secession as a Form of State Creation
2 The Right to Self-Determination of Peoples and Secession
2.1 The Construction of the Regime of Self-Determination for the Peoples Under Colonial Domination
2.2 The Absence of External Self-Determination in the International Regulation of the Rights of Indigenous Peoples and Nationa...
3 Human Rights Violations and Secession: Emerging Construction of a Doctrine of Remedial-Secession
4 Final Considerations
References
Secession Through Constitutional Reform? A Comparative Study
1 Introduction
2 Material Limits to Constitutional Reform
2.1 Explicit Intangibility Clauses
2.2 Implicit Intangibility Clauses
2.3 The Spanish Constitutional Court and the Possibility of Including a Secession Clause in the Constitution
2.3.1 From an Apparent Initial Refusal
2.3.2 To Final Acceptance
2.3.2.1 With Regard to the ``Ibarretxe Plan:́́ The Basque Law 9/2008, on Consultation
2.3.2.2 Within the Framework of the Catalan ``Procés ́́
The Organic Law 6/2006, of 19 July, on the Reform of the Statute of Autonomy of Catalonia
Law 10/2014, of 26 September, on Non-Referendum Popular Consultations and Other Forms of Citizen Participation
Law 19/2017, of September 6, on the Referendum on Self-Determination
Law 20/2017, of 8 September, on Legal and Foundational Transience of the Republic
3 Comparative Constitutional Law and Internal Separatist Tensions
3.1 The United States of America
3.2 Canada
3.3 Scotland
3.4 Italy
3.5 Germany
4 Conclusions
References
The Right to Self-Determination: An Interpretation from Spain
1 Introduction
2 The Right to Self-Determination of Peoples in International Law. A Two-Pronged Right: Internal and External
2.1 The Interpretation of the Right of Self-Determination of Peoples
2.2 The Context: A Right Stemming from the Decolonization Process
2.3 The Two Aspects of the Right to Self-Determination: Internal and External
2.3.1 The Internal Aspect
2.3.2 The External Aspect
3 Neither International Law nor the Spanish Constitution Protect the Right of External Self-Determination that Nationalism Inv...
3.1 False Foundation for an Impossible Construction
3.1.1 A Useless and False Recourse to International Law
3.1.2 The Right to External Self-Determination and the Spanish Constitution of 1978: An Impossible One
3.1.3 The Constituent Subject Is the ``Spanish Nation.́́ There Are No Other ``Peoples ́́
4 Conclusions
References
Debate on International Law as a Foundation for Independence: Catalonia
1 October 2017: Catalonia, Three Times Independent