HOW DOES THE RIGHT TO SELF-DETERMINATION AFFECT THE LEGALITY OF SECESSION: CASE STUDY ON THE 2014 CRIMEA REFERENDUM?

Abstract

One of the reasons international law so developed was because of the interactions between different states and the disputes that arose through these interactions of various states. As such, the definition of statehood is a topic which resides at the core of international law. Through historical events, how statehood is understood has evolved, bringing with it the idea of self-determination. This is apparent through the various secessionist movements and attempts around the world such as the Kurdistan Independence Movement in Iraq, the Catalonia Independence Movement in Spain, the Scotland Referendum and the Crimea Referendum among many others. Further, situations such as the Palestine-Israel Issue and the formation of Kosovo have prompted the discussion of how identity of the people of a particular territory might play a role in defining what a state is. Hence it has become important to understand how the right to self-determination affects secession.  The aim of this paper is to understand how the right to self-determination affects the legality of secession. This paper answers this question through the case study on Crimea’s 2014 Referendum. Though these questions have been discussed by the UN and the International Court of Justice through the Advisory Opinion on Kosovo’s Declaration of independence, it is important to understand whether such a standard will be applicable in answering all questions of self-determination and the legality of secession. This paper will discuss about what self-determination and secession is, including the Crimean Referendum and will attempt to understand whether the standard laid down in the Advisory Opinion on Kosovo applies to the Crimean Referendum.