Legal Implications of Territorial Secession in Spain

The book explores the legal consequences of territorial secession/separation, drawing on international law, comparative law, and Spanish law. It examines the legal basis of self-determination, state constitution, recognition of states, treaty succession, and membership in international organizations. It also examines how secessionist/independentist political projects within states use international law to provide a legal basis for their claims.

Format: Paperback / softback
Length: 437 pages
Publication date: 03 October 2023
Publisher: Springer International Publishing AG

The book delves into the intricate legal dynamics surrounding territorial secession and separation, examining the legal ramifications for both the parent state and the seceded/separated entity or the entity seeking secession/separation. This multifaceted exploration is approached from the vantage points of international law, comparative law, and Spanish law. International law assumes a pivotal role as it provides the overarching legal framework within which this issue must be addressed. It establishes the legal basis for fundamental principles such as the right to self-determination, the constituent elements of a state, the recognition of states and governments, treaty succession, and membership in international organizations. Moreover, international law serves as a reference point for secessionist/independentist political movements within states, seeking to legitimize their claims through legal arguments. Comparative law, on the other hand, delves into the diverse approaches taken by state constitutions and national courts regarding secession or independence of territories. It examines how different legal systems have addressed similar situations, drawing insights from various jurisdictions such as the United States, Canada, Italy, France, and Spain, among others. Lastly, Spanish Law takes center stage as the chosen perspective to examine the object of study. It provides a unique lens through which to analyze the legal intricacies surrounding territorial secession and separation, considering the specific legal context and historical background of Spain.

Weight: 688g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031046117
Edition number: 1st ed. 2022