Legal Implications of Territorial Secession in Spain

The book explores the secession/separation of territorial entities and its legal consequences from the perspectives of international law, comparative law, and Spanish law. It examines the legal basis for self-determination, state recognition, and international organizations, and provides insights into how most state constitutions address secession and independence.

Format: Hardback
Length: 437 pages
Publication date: 02 October 2022
Publisher: Springer International Publishing AG

The book delves into the intricate realm of secession/separation of territorial entities and the far-reaching legal implications it holds for both the parent state and the seceded/separated entity, or the entity aspiring to secede/separate. This subject is approached from a multi-faceted perspective, encompassing international law, comparative law, and Spanish law. International law serves as the foundational framework within which this complex issue must be addressed. It provides the legal basis for fundamental concepts such as the right to self-determination, the composition of states, the recognition of states and governments, treaty succession, and membership in international organizations. Moreover, international law is frequently invoked by secessionist/independentist political movements within states to legitimize their claims.

Comparative law takes a deeper dive, seeking to understand not only how most state constitutions address the secession or independence of their territories but also the jurisprudence established by national courts in countries like the United States, Canada, Italy, France, and Spain. By examining these diverse legal frameworks, comparative law sheds light on the various approaches and interpretations adopted by different nations in dealing with this sensitive issue.

Lastly, Spanish law is chosen as the lens through which the study is conducted, as the perspective adopted is rooted in the Spanish context. This approach allows for a comprehensive examination of the legal implications of secession/separation within the Spanish legal system, as well as the historical and cultural factors that have shaped its development.

In conclusion, the book offers a comprehensive exploration of the complex legal dimensions of secession/separation, drawing from international law, comparative law, and Spanish law. It provides a valuable resource for scholars, policymakers, and legal professionals seeking to understand the legal implications of territorial entities' secession/separation and the broader geopolitical implications it entails.

Weight: 840g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031046087
Edition number: 1st ed. 2022