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- Title
La sécession et les vertus de la clarté.
- Authors
DION, STÉPHANE
- Abstract
The phenomenon of secession is considered with mistrust, even aversion when effected unilaterally. This mistrust can express itself at three levels: domestic law, international law and state practice. Even in circumstances when secession can be considered as a logical and practical solution - Kosovo, South Sudan - it is envisaged only with the utmost caution. The 1998 opinion rendered by the Supreme Court of Canada concerning the reference on the secession of Québec could have a positive impact in this regard. It may help the international community clarify under what circumstances, and by what means, the delineation of new international borders between populations could be a just and applicable solution. In addition to influencing - for the best - today's debate on Canadian unity, the Court's opinion has a universal scope and significance that may help peacefully solve complex and delicate national breakup situations along the principles of clarity, the rule of law and justice for all.
- Subjects
CANADA; SECESSION -- Social aspects; INTERNATIONAL law -- Social aspects; STATUTORY interpretation; CANADA. Supreme Court; CANADIAN politics &; government; RULE of law; JUSTICE administration; TWENTY-first century
- Publication
Ottawa Law Review, 2012, Vol 44, Issue 2, p387
- ISSN
0048-2331
- Publication type
Article