Publication |
2012.
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Summary/Abstract |
This article assesses the extent to which there is a legal requirement to hold referenda in the context of secessionist claims. If the right to secession is underpinned by the right of peoples to self-determination, ascertaining the will of the relevant people is of undoubted importance in securing political legitimacy. However, the legal requirement for a referendum is limited to cases involving agreements between relevant parties to hold a referendum and to cases where a state's constitutional law mandates a referendum as part of the secession process.
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