SELF-DETERMINATION AND SECESSION UNDER INTERNATIONAL LAW: A CASE STUDY OF CATALONIA

In the latest Catalan referendum of 1 October 2017, which has been declared illegal by the Spanish Constitutional Court, about 90% of Catalans voted in favour of independence, with a turnout of 43%. One of the main reasons for Catalonia wanting to secede has been the "unfair redistribution" from the wealthier Catalan region to the whole of Spain, as Madrid controls taxes and provides for an intraterritorial fiscal transfer. As tensions and politicization of the issue run high, there is merit in investigating what international law brings to the table. The fundamental question hereby is whether Catalonia can declare itself independent on the basis of the right to self-determination in international law. The paper will proceed by explaining first the origins and scope of the right to self-determination in international law. Further, it will be analysed whether on the basis of its economic argument, Catalonia has a right to secede under Spanish law and/or under international law as it stands today. After this, the prospects of recognition for Catalonia as an independent state will be scrutinized. Lastly, the paper will conduct a short normative analysis and assess whether international law should recognize a right to remedial secession for economic harm in view of the Catalan claim.
Keywords: Catalonia; Secession; Se ination
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