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Natalija Shikova

Bio: Natalija Shikova is an academic researcher. The author has contributed to research in topics: Doctrine & Secession. The author has an hindex of 1, co-authored 1 publications receiving 3 citations.

Papers
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Journal ArticleDOI
TL;DR: The authors examines the legal arrangements for realization of internal self-determination through the examples of Basque Country and Scotland as vital quests for secession in countries with long democratic traditions, and proposes that the focus of the debate should be transferred to the internal dimension of the right to selfdetermination.
Abstract: It would be unrealistic to reject secession from the doctrine of self-determination and limit the doctrine to the colonialism context. Nevertheless, the question is: What principles do states need follow in response to secession movements? Democratic principles are not the best—or only—options to address these requirements, but the secession doctrine's development and state practice has made such principles legally and practically relevant, according to many scholars. This Article proposes that the focus of the debate should be transferred to the internal dimension of the right to self-determination. The possibilities that can come from the realization of this aspect of the right to self-determination can be further explored. Certainly there is a very wide and flexible range of options and measures for addressing, protecting, and promoting diversity, and thus overcoming identity conflicts and providing a balance of social power. Those political arrangements, though imperfect, can help to avoid secession, thereby providing stability, harmony, and prosperity of democratic societies. But practice has shown that there are exceptional cases in which the current conditions on the ground make the application of tools for internal self-determination impractical. In these exceptional cases, internal self-determination fails to achieve the desired goal. This Article examines the legal arrangements for realization of internal self-determination through the examples of Basque Country and Scotland as vital quests for secession in countries with long democratic traditions.

3 citations


Cited by
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Journal ArticleDOI
TL;DR: The Problems of Secession, the Morality of Separation, and the Moral Case Against Secession: A Constitutional Right to Secede as discussed by the authors, is a good summary of the main arguments against and in favor of separation.
Abstract: * The Problems of Secession * The Morality of Secession * The Moral Case Against Secession * A Constitutional Right to Secede * Conclusions

5 citations

Book ChapterDOI
01 Jan 2019
TL;DR: In this paper, the authors analyze the constitutional framework in which the Catalan secessionist process has developed, focusing on international law, particularly on the right to self-determination of peoples as established in the UN treaties and case law, and on the so-called remedial secession.
Abstract: The chapter analyzes the constitutional framework in which the Catalan secessionist process has developed. It starts by focusing on international law, particularly on the right to self-determination of peoples as established in the UN treaties and case law, and on the so-called remedial secession, and later sums up the two main foreign experiences of secessionism (Quebec and Scotland), as well as two relatively minor cases in Bavaria and in Veneto, highlighting the similarities and the differences in respect to Spain and Catalonia. The barring by the Spanish Constitutional Court in 2014 of the “right to decide” and of any kind of referendum on independence is also discussed. The chapter ends with an assessment of the role the EU has played in the secessionist process, particularly of the issue of whether an independent Catalonia would automatically remain in the EU (applying the so called “internal enlargement”), or rather would leave it, and also of the position of relative neutrality adopted by the Commission.