Konflikten mellan rätten till nationellt självbestämmande och värnandet om territoriell integritet inom folkrätten. – En analys med fokus på Katalonien.

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The conflict of Catalonia and Spain has been ongoing for a long time. Autumn 2017 the Catalan separatism escalated and an independent Catalonia was declared after a referendum. Spain responded by withdrawing the autonomy the region previously enjoyed, referring to the Spanish Constitution. Even if the conflict is to be resolved internally, this is now a concern of international law. This paper outlines what international law rules are and what opinions have been made to try to demonstrate today's position regarding declarations of independence. This essay goes through criteria for state status, secession and the right to self-determination, focusing on Catalonia. It emerges that international law remains neutral and does not want to intervene in the territorial integrity of states. It has previously supported former colonized states and also some other situations where secession has been due to war and persecution. Under international law, the principle of state sovereignty stands strong against the principle of people's right to self-determination. The situation of the Catalans can not be compared with the exceptional cases where international law has accepted secession. However, the Catalan people have a right to their basic human rights and also certain rights as a minority/ethnic group.

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