Secession och dess problematik - med utgångspunkt i Kataloniens och Skottlands självständighetssträvanden

Sammanfattning: In Europe, we have recently witnessed two referendums on regional independence in two separate regions, Scotland and Catalonia. The independence endeavors of these two regions were handled in very different ways, both during and after the referendums. Based on these two different events, this essay deals with the rules of international law and theories on the subject to investigate whether the national circumstances surrounding a secession affect the seceding state's existence under international law. Furthermore, the importance of international recognition is considered in relation to the national procedure. First, in the theoretical part of the essay, an overview of international law on the rules of state creation is given. Afterwards, the essay will focus specifically on the parts that are relevant to the essay's main subject; secession and its issues including international recognition with a historical background and an overview of past processes. The essay presents what defines a state, in the context of international law, with the Montevideo Cas in international law, a state of the Montevideo Convention as basis and its four criteria for state creation; a permanent population, territory, government and having the ability to enter into international relations with other states. Additionally, the declaratory theory, a state exists independent of international recognition, and the constitutive theory, a state's rights and obligations under international law only arise through recognition from other states, are explained. In this context, the principle of the right to self-determination is explored and determined to be applicable in colonial context alone, with minimal exceptions. The essay further explains the progress in Scotland's and Catalonia's endeavors for independence. In the final analysis, the issue in question is answered with the conclusion that the national circumstances are of crucial importance for a "successful" secession. Without a successful and bilateral cooperation with the country of origin, a region cannot hope for success with its independence effort. It is unlikely that the international society will support a claim for state status through universal recognition, if this goes against the will of the country of origin, unless the central government has committed gross abuse.