Alireza Ebrahimgol; siamak karimi
Abstract
Five thousand types of minorities live in throughout the world. A glance at the map of the distribution of the minorities, clearly demonstrate that they were resided in the most critical regions in the world. One of the newest and the most serious events which was formed about issue of minorities in ...
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Five thousand types of minorities live in throughout the world. A glance at the map of the distribution of the minorities, clearly demonstrate that they were resided in the most critical regions in the world. One of the newest and the most serious events which was formed about issue of minorities in international law is their unilateral secession’s request; in other words, a separation which is not requested without the consent of the origin state. Kosovo secession from Serbia, request of Kurdistan’s secession from Iraq, request of Catalonia’s secession from Spain is considered as obvious practices of those events. What is the position of international law about these secessions? Are these secessions legitimate? Remedial secession’s theory tries to answer these questions. According to this theory, right on secession must be inevitably recognized where the end of gross breach of human rights isn’t met unless that part of territory was separated from the origin state. According to findings of this article it seems that this theory is not consistent with principles of international law.
