Does a Right of Remedial Secession exist under International Law?

Abstract

The question of the existence of a right of remedial secession under international law has been raised as a possible solution to serious human rights and international humanitarian law violations. The current controversy lies in determining whether such a right is recognized by a rule of general international law, or whether it should be viewed as only a custom in formation. This paper looks at the reasons that make it possible to speak of a right of remedial secession, the legal basis for such a right, the circumstances in which it might be framed, and international practice in order to determine its status in international law.