Secession and Statehood: Lessons from Spain and Catalonia

This book examines secession from the perspective of international law, arguing that it is a practice that does not comply with international peremptory norms and should lead to nonrecognition by States and international organizations. The secessionist process in Catalonia since 2014 is used as an example.

Format: Paperback / softback
Length: 272 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate phenomenon of secession, exploring it as a legal construct that gives rise to new States. In contrast to other approaches that focus on the political underpinnings of secessionist processes or seek to establish a legal foundation for existing practices, the book aims to provide a comprehensive explanation of secession as a practice that falls outside the purview of the legal regime established by the United Nations for the self-determination of colonial peoples and the regulations and guidelines related to the human rights of minorities and indigenous populations, both within the United Nations and in regional organizations such as the Organization of American States, the Council of Europe, and the African Union.

It is asserted that secession is a violation of international peremptory norms, including those that prohibit acts of territorial aggression, the use of force, or interference in the internal affairs of other States. Despite being cognizant of the inevitable ramifications of the effective establishment of States and other de facto entities on trade relations, communication, and individual rights, secession remains a practice that should result in nonrecognition by States and international organizations. As a case study, the secessionist process in Catalonia since 2014 is thoroughly examined and analyzed.

The book explores the legal dimensions of secession, examining the principles and criteria that govern the formation of new States. It discusses the historical and political context in which secessionist movements have emerged and the legal challenges that these movements face. The book also examines the international legal consequences of secession, including the recognition and status of new States, the rights and obligations of former states and their citizens, and the impact on international relations and security.

Through its detailed analysis, the book provides a valuable contribution to the study of secession and its legal implications. It offers insights into the complex dynamics of state formation, the role of international law in shaping political outcomes, and the challenges faced by societies seeking to redefine their political boundaries. The book is particularly relevant for policymakers, scholars, and activists engaged in the study of international law, political geography, and social movements.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032061139