ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book has two goals. The first is to set out a theory that brings secession firmly within the rule of law. The second is to develop a conceptual framework for a legal resolution of the claim that a minority has a right to secede. The purpose of the book is theoretical and occupies itself with questions of philosophy and legal theory. The theoretical question that arises in developing a legal theory of secession is whether the state's title to the right to govern is legally defeasible. The book introduces a notion of legitimacy, which holds that states and other international actors are subject to extra-constitutional legal restraints. The book subscribes to the view that the political order is based upon some measure of consent. The notion of legality extends into the lawless region where political events like secession are said to occur.