Legal and political aspects of European secession movements - what are the lawful mechanisms for secession and creating a new state?

Abstract

Since the fall of Communism in Europe in the 1990’s, no new state in Europe has emerged. While the 2008 Kosovo Declaration of Independence, would suggest otherwise, the statehood of Kosovo is a still debated topic, as the state of Kosovo lacks the full support of International recognition from the International community. International Law, among other things, has as its main goal, to protect the interests of states. Sovereignty and territorial integrity, are some of these examples. This thesis aims to examine how the world, where International Law seeks to protect the interests of the state, lacks legal mechanisms for pro-independence movements. This thesis examines International Law and the secession movements in the British Isles and the Iberian Peninsula. With further analysis of the actions taken by the United Kingdom and Spain in regards to Scottish and Catalan independence movements, and the legal mechanisms for Scotland and Catalonia to seek their independence. While the legitimacy of the secession movement is important, due to the political nature of International recognition and International law protecting the interests of states, the state-building process is a difficult task, where even a legitimate secession with the consent of the parent state, can still be not enough to become a member of the International community.