Evaluating the Existence of the Remedial Right to Secession as a Rule of Customary International Law



A relatively unprecedented approach has been proposed by some international lawyers in regard to the legitimacy of unilateral secession in International Law. According to that, in special circumstances a part of a population of an existing state has a remedial right to secession and in such circumstances; International Law does not protect the territorial integrity of a sovereign state. The basis and foundation of such argument relies on the inverted reading of the “Safeguard Clause” embodied in the United Nations General Assembly Resolution 2625 and 1993 Vienna Declaration and Programme of Action. The status of remedial right to secession in Customary International Law could be observed as one of the important sources of International Law. According to considerable supports for the remedial right to secession in doctrine, this article is to determine whether under contemporary International law, remedial right to secession is being promoted as a Rule of Customary International Law or not.