The Essence of Remedial Secession: From the Perspectives of Human Right and Preservation of Natural Resources

Abstract

Despite the growing separatist and autonomy movements throughout the world, the international legal framework appears to support unilateral secession as a response to any coercive conduct of a parent state. Due to historical challenges and wars, new states have recently been formed by secession from their parent nations. From the standpoint of human rights and natural resources, international legal instruments and judicial precedents must be investigated in remedial secession. It is critical to address the question of whether a single ethnic group may claim remedial secession if they suffer all of the (environmental or other) ills caused by the exploitation of natural resources but receive none of the benefits. This article attempts to address these and related topics.