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Legal Implications of Territorial Secession in Spain (Hardcover, 1st ed. 2022)
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Legal Implications of Territorial Secession in Spain (Hardcover, 1st ed. 2022)
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The book deals with the secession/separation of territorial
entities and the legal consequences that derive from it both for
the parent state and for the seceded/separated entity or the entity
that intends to secede/separate. This subject is approached from
the triple perspective of international law, comparative law, and
Spanish law.International law, because it is this legal system
which contains the general legal framework within which this issue
must be dealt with. Thus, for example, the legal basis of the right
to self-determination, the constituent elements of the state, the
recognition of states and governments, succession in the matter of
treaties, succession in membership of International Organisations,
etc.Moreover, international law is also the reference invoked by
secessionist/independentist political projects within states in an
attempt to provide a legal basis for the legality of their
claim.Comparative law, in order to find out not only how most state
constitutions deal with secession or independence of their
territories, but also the jurisprudence handed down by national
courts on the matter (USA, Canada, Italy, France, Spain, among
others).And finally, Spanish Law, because the perspective chosen to
address the object of study is from the perspective of Spain.
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