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Le droit international est-il lacunaire sur la question de la sécession?: Are there gaps in the international law of secession?

par Corten, Olivier
Editeur scientifique Kohen, Marcelo G.
Référence Secession, international law perspectives, Cambridge University Press, Cambridge, page (231-254)
Publication Publié, 2006

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Résumé :

Developments in current international law have raised the perception of gaps in the field of secession. It seems that States constantly oscillate between two tendencies. The first is characterised by the refusai to extend international légal régulation (apart from that applicable to protecting human rights) to what is a priori a matter of State sovereignty and ‘internai affairs’. It does not appear therefore to be a question of a lacuna, this term implying that the law does not give an answer to a question that arises in its field of application, this last condition not having been filled.The second tendency consists of opposing to secessionist groups and their sources of external support the obligation to respect the territorial integrity of the threatened State and, in parallel, legalising the principle of military response of the latter. Then, far from being neutral or silent on the matter, international law seems to rule very clearly in favour of the State.