Features for a sound secession referendum: How to incorporate reason in a highly emotional matter
Date
2021
Authors
Ndenga, Shirlene Rosa
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Self-determination sometimes raises expectations that can never be realised. It could be
understood as a right or a principle with numerous obstacles that come in the way of its
realisation, thus raising the question on whether it should exist to begin with. From claims of territorial integrity, to lack of clear features of an independence referendum, secession as a way in which the right to self-determination is practised has proven to be close to impossible for most states. However, due to the right to self-determination emerging in international law as a norm that all states have an obligation to promote and protect, it is readily accepted as a norm with erga omnes status. That is, an obligation by states towards the international
community.
This dissertation seeks to investigate and highlight features of an independence referendum that informs the consent needed for the exercise of the right to external self-determination. This shall be done in the following chronological order. Chapter two will discuss secession as a way in which the right to self-determination is exercised externally. Chapter three will discuss the legality of secession despite it tampering with the principle of territorial integrity. Chapter four will deduce the necessary features needed for an independence referendum to be reliable. This shall be done using qualitative research methodology. Through these features, independence referendums’ results will be sound, and the process will be uniform.
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree,
Strathmore University Law School