Secession in International Law: Cataloni A, Kurdistan, and Scotland

This course investigates one of the most sensitive questions in international law and international relations: when may a people legally secede from a state, to form a new state of its own? This classical question lies at the heart of the most basic collective right in international law: the right to self-determination. This right of all peoples is both fundamental and immutable, and allows no derogation. However, self-determination is usually understood to occur within the confines of a pre-existing state. In general, peoples are not entitled to secede - the state comes first, and the rights of peoples within it come second. The difficult question, which this course considers head on, is under what circumstances the right to self-determination morphs into an international legal right of a people to secede. This is a timeless question in international law, but it is also one whose practical importance has been underscored by recent events. In the last few years contentious (and sometimes bloody) referenda on secession have been held in Catalonia (part of Spain), Kurdistan (part of Iraq), and Scotland (part of the United Kingdom). The Catalans and Kurds voted to secede, while the Scots voted against (though Scottish nationalists continue to push for a new referendum, should Brexit take place). What effect do such votes have as a matter of international law? If mere votes to secede do not suffice, what more is needed? Under what conditions may a people secede, and when might it be prohibited from doing so? This two-week course will begin with a primer on the centrality of the state in international law and relations, and an examination of the counterbalancing right of all peoples to self-determination. In the first week, we will discuss what makes a group "a people" in international law, as well as the content of a people's rights, including the forms of internal self-determination, as well as the classical limits of the right to secession. We will learn the law of secession through the classical Quebec Secession case, decided by the Canadian Supreme Court. In the second week, we will turn to the contemporary case studies: Catalonia, Kurdistan, and Scotland. We will examine both the legal rights of the Catalonians, Kurds, and Scots - and their limits - as well as the moral, economic, and political aspects of these different movements. We will also make considerable efforts to understand the political goals and legal strategies of the states from which these regions threaten to secede - Spain, Iraq, and the United Kingdom. Absolutely no background is necessary to take this course. The law of self-determination and secession is essentially self-contained, and is highly accessible for those encountering international law for the first time.