In contrast to the prevailing approach, my theoretical and empirical work on “Secession and the Prevalence of Both Militant Democracy and Eternity Clauses Worldwide” published in the Cardozo Law Review in 2018 suggests that the overwhelming majority of world constitutions, including the constitutions of the overwhelming majority of democratic and semi-democratic states, prohibit secession in explicit but indirect manners. In that work, I analyze the different constitutional treatments of secession existing in 192 constitutions of states that are members of the UN and the empirical findings regarding their prevalence. In this paper, I argue that as long as states need the combination of citizens and territory to exist, both international and constitutional law will most likely continue to ban secession outside decolonization or foreign occupation contexts. The paper is part of a collection of essays on STRATEGIES OF SECESSION AND COUNTER-SECESSION (Griffiths & Muro eds, 2020).
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S