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Thesis

French

ID: <

10670/1.fxj32f

>

Where these data come from
Accession by unilateral declaration to independence under International Law

Abstract

The unilateral access and declaration for independence being in itself a political act, it logically constitutes an extra-juridical phenomenon. The fact remains that it produces legal effects in respect of which international law can not remain always indifferent.The study of unilateral declarations of independence during the process of decolonization and dismemberment and also the unilateral declarations of independence of an entity located within the state resulting from decolonization and dismemberment, and also those resulting out of theese process, makes possible to define the scope and contains of legal principles ( the right of peoples to self-determination, territorial integrity, right to secession, non-intervention, State recognition) . The positions of the States seem most often guided by their particular interests, sometimes to the detriment of respect for the norms of international law. The question of the neutrality, or not, of international law in access to independence becomes a question of degree.

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