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THE ROUTLEDGE HANDBOOK OF SELF- DETERMINATION AND SECESSION The Routledge Handbook of Self-Determination and Secession explores the various debates surrounding the issues of self-determination and secession, and the legal, political, and normative implications they give rise to. Ofering a broad survey of the state of the sub-discipline today, the chapters are divided into seven key parts: an Introduction, Self-Determination, Explaining and Justifying Secession, Secession Strategies, Counter-Secession Strategies, International Law and Secession, and Constitutional Law and Secession. The authors, from a range of disciplinary backgrounds, explore all the recent approaches to secession and self-determination based on strategic interaction of major actors in a secession process. This handbook will be of great interest to students and researchers from a variety of disciplines including politics and international relations, security studies, and law. Ryan D. Griffiths is Associate Professor in the Department of Political Science at Syracuse University, USA. Aleksandar Pavković is Honorary Associate Professor in the School of Social Sciences at Macquarie University, Australia. Peter Radan is Honorary Professor of Law at Macquarie University, Australia. He is also a Fellow of the Australian Academy of Law. THE ROUTLEDGE HANDBOOK OF SELF-DETERMINATION AND SECESSION Edited by Ryan D. Griffths, Aleksandar Pavković and Peter Radan Designed cover image: © Getty Images First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 selection and editorial matter, Ryan D. Grifths, Aleksandar Pavković and Peter Radan; individual chapters, the contributors The right of Ryan D. Grifths, Aleksandar Pavković and Peter Radan to be identifed as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifcation and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-0-367-47811-7 (hbk) ISBN: 978-0-367-69246-9 (pbk) ISBN: 978-1-003-03659-3 (ebk) DOI: 10.4324/9781003036593 Typeset in Bembo by Apex CoVantage, LLC CONTENTS Preface ix Notes on contributors x PART I Introduction 1 1 The meaning of self-determination 3 Rowan Nicholson 2 The emergence and evolution of self-determination 16 Uriel Abulof 3 The meaning of secession 30 Peter Radan PART II Self-determination 39 4 Who are the “peoples” entitled to the right of self-determination? 41 Glen Anderson 5 Self-determination and decolonization 60 Costas Laoutides 6 Self-determination and the use of force 74 Rowan Nicholson 7 Minorities, self-determination and secession 88 Felicitas Benziger and Joshua Castellino v Contents 8 Indigenous peoples and self-determination in settler states 102 David MacDonald 9 The map makes the people: the territorial nature of self-determination 117 Timothy William Waters PART III Explaining and justifying secession 131 10 The causes of secession 133 Diego Muro 11 The lifecycle of secession: interactions, processes and predictions 146 Nicholas Sambanis and David S. Siroky 12 The causes and consequences of fragmentation in secessionist movements 164 Feike E. M. Fliervoet and Lee J. M. Seymour 13 Geopolitics of secession: secession in the international setting 177 Martin Riegl and Bohumil Doboš 14 Debating the right to secede: normative theories of secession 191 Argyro Kartsonaki PART IV Secession strategies 205 15 Secession and the strategic playing feld 207 Ryan D. Grifths 16 Strategic choices for secessionist mobilization 219 Philip G. Roeder 17 Referendums as instruments for secession 233 Matt Qvortrup 18 Majoritarianism and secession: an ambiguous but powerful relationship 247 Sean Mueller 19 Beyond ‘consensual’ secession? Implicit distinctions and the object(ive)s of consent 265 Zoran Oklopcic 20 Declarations of independence: a classifcation 279 Argyro Kartsonaki and Aleksandar Pavković vi Contents 21 Violent and nonviolent tactics of secession 297 Kathleen Gallagher Cunningham and Caitlin McCulloch 22 Removing the government of the host state: outside military intervention 314 Shpend Kursani 23 International power politics and secession 330 Milena Sterio 24 Surviving without recognition: de facto states 343 Helge Blakkisrud 25 Engagement without recognition 359 Eiki Berg 26 Secession and diplomacy: playing the state, proving the nation 372 R. Joseph Huddleston and Caroline Hall PART V Counter-secession strategies 387 27 Countering secession 389 James Ker-Lindsay 28 Secessionist de-mobilization: from ‘exit’ back to ‘voice’ 400 Karlo Basta 29 The strategies of counter-secession: how states prevent independence 413 Peter Krause 30 How parent states prevent recognition 429 Scott Pegg 31 Managing self-determination struggles through decentralization 443 Andreas Juon and Kristin M. Bakke PART VI International law and secession 457 32 Self-determination as the basis for a right to secession 459 Brad R. Roth 33 The acquisition of independence and international boundaries 474 Suzanne Lalonde vii Contents 34 International law and the break-up of Yugoslavia 491 Thomas D. Grant 35 Article 50 of the treaty on European Union: “seceding” from the European Union 509 Nikos Skoutaris PART VII Constitutional law and secession 523 36 Anti-secession constitutionalism 525 Rivka Weill 37 Constitutional law and secession in the United States 541 Roman J. Hoyos 38 Constitutional law and secession in Australia 553 Thomas D. Musgrave 39 The law of secession in Canada 564 Alyn James Johnson 40 Constitutional law and secession in China: a historical outline 576 Yan Xiang and Yawen Zhang 41 Constitutional law and secession in the United Kingdom 591 Aileen McHarg 42 Constitutional law and secession in Spain 604 Elisenda Casañas-Adam Index 617 viii PREFACE Self-determination and secession are important dynamics in international and domestic politics. Self-determination, as an idea of self-rule, still shapes the goals and aspirations of numerous political movements around the world. Secession, as both a process of leaving an existing state and its endpoint, a new state, is responsible for much more than altering our maps; it is also a common source of confict. These dynamics are the subject of this handbook, which provides an interdisciplinary collection on the latest research. The theoretical, conceptual, and practical dimensions of self-determination and secession are examined by scholars from a range of disciplines, including history, philosophy, politics, international relations, and law. The handbook is divided into seven parts. In the frst introductory part, a set of scholars describe the meaning, emergence, and history of self-determination and secession. Part II focuses on the normative and legal implications of self-determination across a set of domains. Part IIIincludes a set of chapters that explore the causes and justifcations for secession. In Parts IV and V, the authors examine two diferent but related sides of the dynamics of secession: the strategies of secessionist movements and the counter-secession strategies of states. These developing research areas are in dialogue with one another. Part VI of the volume centers on the relationship between international law and secession. Following that, Part VII covers the domestic and constitutional legal side of secession. This survey of current research on self-determination and secession is certainly not exhaustive. For example, it contains no specifc case studies of the processes of self-determination or secession. While this was a result of the editorial decision, the absence of a detailed exploration of popular mobilization for secession and of the role of nationalist ideologies in this process possibly refects a current absence of research focused on these topics.