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The Pros And Cons Of Secession

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Secession can be defined as the action of withdrawing formally from membership of a federation or body, especially a political state. Secession is discouraged heavily under international law , but According to the Declaration on Principles of International Law and the Vienna Declaration and Programme, when secession is exercised by people than it is deemed to be justified. “Under colonial or other forms of alien domination or foreign occupation” and/or is set by the Constitution (or applicable national law) of the parent state concerned.
Kosovo and Crimea both represents unilateral secession and Kosovo was cited as a precedent in case of Crimea’s secession, but secession in both the above mentioned cases is entirely different. In the former …show more content…

Following the NATO led military force, the UNMIK; UN Security Council Resolution 1244 constituted the binding legal order and hence was providing security and administration to Kosovo. No stand was taken by the UN Security Council resolution 1244 on the final status of Kosovo and leaving the matter for future Security Council decisions, simultaneously the resolution did not impede or prevent a declaration of independence. Though Kosovo's Declaration of Independence was a political matter, it was recognized by powerful states, such as UK, US, France and also most of the Security Council members.

Secondly, though Kosovar’s independence was sought outside colonialism and foreign occupation and historical events was clearly indicating that the relationship between Serbia and Kosovo were in effect similar to these contexts. The violation of human rights, fundamental rights, war crimes, crimes against humanity and ethnic cleansing in Kosovo was recognised by Security Council and International Criminal Tribunals.
Crimea is decisively different from Kosovo on the following …show more content…

Although it was mentioned in the secession referendum that self- determination was threatened but it was self-evident that Crimea’s self-determination is not threatened.
Lastly, the secessionists or Russian population of the Crimea cannot be regarded as “a people”. As observed in the Quebec case “a people” shall be governed as “part of a colonial empire”, be “subject to alien subjugation, domination or exploitation”, be “denied any meaningful exercise of its right to self-determination within the state of which it articulate a side of it”. . And in other outlook, “self-determination has to be achieved by the peoples within the structure of their existing states”.
From all the above mentioned reasons it was found that Crimea’s unilateral secession was violating Ukraine’s territorial integrity and Crimea’s actions are unlawful under both constitutional and international law and hence, Russia’s support for such actions is also unjustified under international

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