ABSTRACT
The solution to the historical problem of sovereignty seems relatively straightforward. It is necessary to set out the mechanics of a legal theory of secession before addressing the problem of sovereignty. The problem of secession is theoretically important because it illustrates the deficiencies in a simple conception of political legitimacy. The question of political legitimacy is only incidentally before the court on an application for the legal right to secede. The fundamental question on a legal application is whether the state is legally legitimate. There is a second political question, which arises if the state is legally illegitimate. The purpose of a legal theory of secession is to provide a means for dealing with those cases where a political resolution of the issue is not possible. This requires some recognition of the legal limits of sovereignty, which restricts the enjoyment of sovereignty to legitimate states.
