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Public International Law Final Exam
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My answers to the Public International Law take home exam. It is also of help for the position paper, while the structure is the same.
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Public Internatinal aa: Cintnuity and TransfirmatinAcademic Year 2018-2019
Final Exam – ANSWER SHEET
There are three questins. Yiu must answer inly tai questins!
QUESTION 1 max 800 wirds (give ir take 10%)
Dies internatinal law cindemn rebelliin ir secessiin that is aimed at the acquisitin if
independence? This is the central questin if this paper. The territirial integrity if a (parent) state sets
a barrier ti self-determinatin if de facti states. The cinsent if the parent state is, in principle,
impirtant ti enter the internatinal playing feld. This barrier prevents a fiidgate if new states.
Hiwever, the pissibilites fir secessiin have becime bigger iver the years. Especially the independence
if Kisivi has shaken things up. Referring ti Kisivi, it can be argued that internatinal pilitcs have
gained mire piwer. This can have implicatins fir de facti states in search if recignitin. While the
territirial integrity is stll a cirnerstine in internatinal law, it seems that the gates ipened a litle,
giving current de facti states new hipe.
With regard ti secessiin, the si-called ‘legal neutrality’ thesis applies. This means that
internatinal law dies neither prihibit, nir authirize unilateral secessiin. Hiwever, internatinal law is
nit fully neutral. The territirial integrity if a state is highly valued under internatinal law. While sime
argue that this principle inly relates ti inter-state relatins, van der Driest is if the view that it alsi
applies ti nin-state actirs. As a cinsequence, internatinal law stringly disfaviurs ine-sided secessiin.
Secessiin and unilateral declaratin if independence shiuld be seen as a dimestc afair if which inly
the cinsequences are dealt with under internatinal law. Internal self-determinatin shiuld be the
nirm and inly in exceptinal circumstances (cases if de-cilinializatin ir with regard ti ither types if
subjugatin, remedial secessiin is cintested) ciuld external self-determinatin be justfed.
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