Secession and self-determination – Remedial Right Only Theory scrutinised

This paper analyses to what extent a 'remedial right' to secession, as suggested by Allen Buchanan's Remedial Right Only Theory, would be suitable for regulating secession of substate entities on an international platform. In doing so it will be argued that a number of problems would have to be addressed and ambiguities removed for a ‘remedial right’ to be realisable: firstly, the entity which should be the bearer of such a right will be identified, while arguing in line with a number of scholars advocating the limitation of the right to nations. Secondly, although agreeing with Buchanan on the limitation of justified secession to exceptional circumstances, the paper will scrutinise the criteria on which legitimate secession could be based by arguing that a restriction of these to the experience of injustices, as suggested by Buchanan, is too narrow and ambiguous. Finally, while finding that an international regulation of secession would rely on strong institutions, it will be argued that the potential for reforming contemporary international bodies to fulfil this task seems limited.