ABSTRACT

The existence of a legal right to unilateral secession from an existing independent state in international law is a question that has generated considerable debate and disagreement. James Crawford asserts that ‘secession is neither legal nor illegal in international law, but a legally neutral act the consequences of which are, or may be regulated internationally’ (Crawford 2006: 390). According to his claim ‘unilateral secession [does] not involve the exercise of any right conferred by international law’ (Crawford 2006: 388). One of the principal bases for denying a right of secession from an independent state lies in the principle of the territorial integrity of states that is embedded in Article 2(4) of the United Nations (UN) Charter. However, other scholars argue that the principle of territorial integrity is not absolute and that a qualified right of secession does exist in international law. Furthermore, such a right is said to stem from the right of peoples to self-determination.