Secesja części terytorium państwa w świetle prawa międzynarodowego publicznego. Zarys problematyki

Abstract

Secession, in other words, the separation of part of the territory from the mother state, is one of the forms of losing part of the territory, at the same time one of the forms of the creation of a new state, or the annexation of detached territory to a neighboring state. The aim of this article is to draw attention to the source of contemporary secession, that is, the centrifugal tendencies in the state caused by various forms of discrimination against the population of the detached territory. The population of the detached territory justifying its right to secession refers to one of the basic principles of international law – the principle of self-determination of nations, which principle does not contradict the principle of territorial integrity of the state, because they function in different spaces of international public law. The method of dogmatic and comparative law research was applied in the work.

Keywords

• state
• nation
• secession
• territorial assignment
• decolonization