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The creation of a state by way of separation (secession) from an existing state
Bílý, Adam ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The creation of a state by way of separation (secession) from an existing state This thesis attempts to map the current theoretical approaches to state secession as well as explore the approach of international law to this issue. The thesis is split into two main parts. The first, theoretical part, consists of four chapters and covers the basic definition and other aspects of a state, like the elements of statehood, the creation of a state, theories of recognition of a state, de facto and de jure states, state succession in international law etc. Then it moves on to the introduction of the topic of secession itself. It offers multiple definitions of secession, divides secession into types, provides a brief history of secession and discusses concepts like the right of peoples to self-determination or the principle of territorial integrity. Then, the thesis covers a range of so-called explanatory theories of secession. Explanatory theories attempt to describe various elements that affect secession. The last chapter of the first part describes three so-called normative theories of secession. Normative theories, unlike explanatory theories, attempt to define under which circumstances a secession can be considered justifiable. The second part of the thesis is split into three chapters. Each chapter is a...
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