“Trust the People”? Democratic Secessionism and Contemporary Practice

Abstract

Using the secession claims in Ukraine and elsewhere as points of reference, this article reflects on the meaning of popular sovereignty and consent of the governed in divided societies.The article begins by critiquing the approach to secession claims prevailing internationally. It finds that the imprecision of the applicable rules, the plethora of secession claims, and most importantly, the claims’ adverse effects on relations between and within states urge different treatment.The article then assesses an alternative approach, based on realizing the principles of self-determination and democracy through independence referendums. It finds that a doctrine of democratic secessionism, if conceived consistently and implemented consequently, shows considerable potential as a guide in treating secession claims. Moreover, this alternative proves preferable to the prevailing approach, practically as well as conceptually.According the principles of self-determination and democracy higher legitimacy than and precedence to other considerations would in some conflict cases lead to striking outcomes. Nonetheless, such an alternative approach could prove not only intrinsically but also instrumentally valuable, contributing,ceteris paribus, to conflict resolution.

Secession and Referendum

“…Rather, the referendum seems to be considered the tool whose moral value is able to fill in the legitimacy gap left by the normative vacuum of the international legal order with respect to secession. 967 In any case, the referendum is not a sufficient element to create a new entity through secession, even though it is a preferred means for justifying a territorial change. The framework conditions for its organisation as well as the availability of negotiations with the parent State become crucial.…”