• INTERNATIONAL LAW, INSTITUTIONAL MORAL REASONING, AND SECESSION Lefkowitz, David 2018 Law and Philosophy , Vol. 37 , Issue 4 , S. 385 ff. ( Zeitschrift ) Englisch 0167-5249 | 1573-0522 10.2307/44980925 Abstract

    This paper argues for the superiority of international law's existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific conclusion regarding an international legal right to secession. Specifically, I argue that we ought to adopt a precautionary approach, and that such an approach justifies giving no weight to promoting political selfdetermination per se when considering whether to reform international law governing secession. I conclude with several reasons to think that even a remedial right to unilateral secession will detract from, not enhance, the international legal order's ability to promote peace and human rights.

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Lefkowitz, David

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