Territorial Entitlement and Exit Scenarios

Jure Vidmar*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

A number of territorial referendums have been held recently across Europe, perhaps the most significant ones being in Crimea and Scotland. For 2016, an eu-exit referendum has been announced in the United Kingdom. This chapter is concerned with the various exit situations and clarifies the effects of territorial referendums, as well as the nature of territorial entitlement in international law. It argues that territorial entitlement is not absolute and expressions of the will of the people, in principle, do not have self-executing effects. Although the eu is not a state, an exit from this complex legal association poses several questions similar to those that arise under the circumstances of secession. It is argued that solutions to these legal questions should indeed be sought analogously with secessionist scenarios.

Original languageEnglish
Title of host publicationTerritory and Conflict Resolution
Subtitle of host publicationLaw as a Problem and Law as a Solution
EditorsMatteo Nicolini, Francesco Palermo , Enrico Milano
Place of PublicationLeiden
PublisherBrill | Nijhoff
Pages105-123
ISBN (Print)9789004311282
DOIs
Publication statusPublished - 2016

Publication series

SeriesStudies in Territorial and Cultural Diversity Governance
Number2213-2570
Volume6

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