The International Law of Secession and the Protection of the Human Rights of Oppressed Substate Groups: Yesterday, Today and Tomorrow

Document Type

Book Chapter

Publication Date

5-13-2018

Source Publication

Okafor, O.C. (2018). The International Law of Secession and the Protection of the Human Rights of Oppressed Substate Groups: Yesterday, Today and Tomorrow. In: Eboe-Osuji, C., Emeseh, E. (eds) Nigerian Yearbook of International Law 2017. Nigerian Yearbook of International Law , vol 2017. Springer, Cham. https://doi.org/10.1007/978-3-319-71476-9_7

Abstract

This paper focuses on significant patterns/features in the historical development of the international law of secession and its contribution over time (or the lack thereof) to the struggle to afford greater protection to oppressed substate groups the world over. It was Crawford Young who once observed that “the state as an analytical quarry is an elusive and complex prey.” With the necessary modifications, this observation applies with almost equal force to the international law of secession. Complexity and confusion looms too large in this area of international law. For example, there is, at best, little clarity in the literature of the discipline of international law and in related fields of study regarding the existence or otherwise of an international legal entitlement to secession in favor of even the most highly oppressed and subjugated substate groups.

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