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Self-determination of peoples is a jus cogens law and a cardinal principle in international law. It's part of the UN's Charter and it's enshrined in many intern
by kiliancs 9y ago
Self-determination of peoples is a jus cogens law and a cardinal principle in international law. It's part of the UN's Charter and it's enshrined in many international treaties subscribed by Spain and by the European Union.
The Spanish constitution recognizes the right to self-determination inasmuch as it explicitly enshrines the international treaties that define it.
Spain has always defended that this right to self-determination is confined to colonies because it would otherwise conflict with the also very important principle of territorial integrity. However, the International Court of Justice explained in its Advisory Opinion of 22 July 2010 regarding the case of Kosovo that “the scope of the principle of territorial integrity is confined to the sphere of relations between States”. Thus, even unilateral declarations of independence do not conflict with the aforementioned principle: “general international law contains no applicable prohibition of declarations of independence“.
- notspanishflu 9y agoBut the truth is self-determination is for nations and colonies. In this case, the right for self-determination is for Spain, not for a part of Spain.
- sbmassey 9y agoI suppose the Spanish government didn't do a good enough job of convincing the Catalonian people that they are part of Spain.
- notspanishflu 9y agoThe majority of catalans don't want independence. The political parties promoting independence represent less citizens than the political parties that want Catalonia to be part of Spain.
- sbmassey 9y agoSo really, the Spanish government should just have let the referendum go ahead peacefully, and thereby have had that fact publicly demonstrated.
- throwawayknecht 9y agoSelf-determination for some, miniature Spanish flags for others!