Search results for "Secession"

Autodeterminazione dei popoli

2006

Particularismes i populismes als països de llengua catalana

2020

[cat] L'article analitza breument l'ampla varietat de conceptes de populisme en la política actual. Aquesta anàlisi intenta mostrar com el populisme ha donat suport als particularismes lingüístics a València i a Mallorca. Aquests particularismes (anomenats blaverisme a València, i gonellisme a Mallorca) no reconeixen la unitat de la comunitat lingüística catalana, i per tant amenacen la recuperació social (normalització) de la llengua catalana.

A defense of the moral and legal right to secede

2021

We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new objections to plebiscitary theory, we hope to make a compelling case for a wider recognition of secessionist rights.

Some Remarks on the Relationship between Secession and General International Law in the Light of the ICJ’s Kosovo Advisory Opinion

2012

How is it possible to regard something that is not prohibited, as illegal? What are the resulting consequences of fact and law? This chapter suggests that a reasonable way to reconcile these two assertions is to admit that they refer to two profiles of the phenomenon in question that must be kept separate. Independence is not prohibited, but not all means to reach it are allowed under general international law. To render this concept, the author submits the idea of a normative "due process" seen as a set of rules giving no legal entitlement to statehood nor determining the creation of a State, but forming a normative course through which factual processes should be legally channelled. The c…

The assignment of powers in an open-ended European Union

2003

Presented at CESIFO Conference “A Constitution for the EU”, February 2003; International audience; A major characteristic of the European Union is its transitional or evolving nature, in particular with regard to the assignment of powers between the two main levels of government. More precisely, under current constitutional arrangements, this evolving nature takes the form of an integration process which tends to be monotonous, that is, which can only with great difficulty be reversed. The paper is mainly devoted to the explanation of how this comes about and what effects this has on other features of the process. As a concluding remark, however, it suggests that an additional criterion for…

Horizontal competition in multilevel governmental settings

2013

28 pages; Governments situated on the same level of a multi-level governmental system compete with each other as well as with governments placed higher or lower. This paper is concerned with horizontal competition only. It discusses both competition based on the mobility of agents and competition based on comparisons of performance across jurisdictions - i.e., yardstick competition. With regard to the first kind, the focus is on the capacity of governments and voters to decide policies in spite of the mobility of agents. Some attention is also given to non-standard mechanisms in which mobility is manipulated so as to change the structure of the electorate. The paper considers two forms of h…

How significant is yardstick competition among governments? Three reasons to dig deeper

2013

22 pages; The significance of yardstick competition among governments is now confirmed with regard to fiscal variables. This is an important result but the significance of the mechanism must also be sought in a context broader than that of fiscal federalism and without limitation to relations and processes fully observable. Three points are made. Even in the case of governments trying to mimic each other over a single variable, additional variables are involved in an important way. Yardstick competition can be latent without being ineffective. Its major effect, then, is to set bounds to the choices that office-holders could think of making. Finally, the mechanism is a hidden albeit essentia…

Il parere della Corte internazionale di giustizia sulla dichiarazione d'indipendenza del Kosovo

2010

Conclusion and Discussion

2021

It would seem that European Politics are currently enrolled in a constant flux of uncertainty and anxiousness. The Institutional Matrix and Community of states that make up the Union seemingly cannot catch a break as they meander through a succession of crises and challenges. These are taking their toll on the EU, its unity in decision making, and countries’ commitment to ever closer Union. The sovereign debt crisis and so-called Greek Euro Crisis shook the tacit belief in the current economic architecture of the bloc and questioned the belief in intra-European solidarity. Shortly thereafter, the refugee crisis saw European States adopt ad hoc and sometimes contradictory measures for border…

Constitutional rules and competitive politics: their effects on secessionism

2002

Albert Breton and Pierre Salmon argue that the effects of constitutiona l rules depend on the nature of political competition and on some meta-rules that contain procedures regulating the application and the modification of constitutiona l rules. They outline two models of competition - electoral competition and compound government competition - and describe the nature of the transactions between the parties involved in the two corresponding settings. In both, the transactions are over constitutional rules and ordinary goods and services, all of which are arguments in the utility functions of citizens. To make the discussion more concrete, the paper focuses on the demand for political auton…