It is with great sadness that I report the passing of my friend and Doughty Street colleague Sir Nigel Rodley. Cribbing from the statement issued by the International Commission of Jurists, of which Nigel was President: Elected President of the ICJ in 2012, he was serving his third term as such. He had been first elected to the Commission in 2003...
[Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge. He is the Principal Investigator of the Legal Tools for Peace-Making Project, drawing on extensive experience in international high-level negotiations in Cote d’Ivoire, Egypt, Libya, the Darfur crisis, Yemen, Somalia and, most recently, Syria. Tiina Pajuste is a Lecturer in Law at Tallinn University,...
It's a bit overdue, but I want to call readers' attention to a new blog, The Law of Nations. Here is the blog's self-description: Public and private international law play an increasingly important role in the decisions of the English courts. From commercial cases to human rights claims, a huge range of public and private international law principles are now regularly...
For those interested in the policy merits of the Iran Deal, it's important to note the letter sent today by 37 leading American scientists, including multiple Nobelists, nuclear arms designers, former White House science advisers and the chief executive of the world’s largest general society of scientists -- detailing the effects of the deal to date and urging the...
On December 1 in a meeting in the UN’s Trusteeship Council, the UN Secretary General apologized for not doing more in the UN Haiti Cholera affair, stating “"On behalf of the United Nations, I want to say very clearly: We apologize to the Haitian people … "we simply did not do enough with regard to the cholera outbreak and its...
Cross-posted at Balkinization There should by now be little doubt that various members of the incoming administration, including the President himself, would be willing to torture terrorist suspects should opportunity arise. On the campaign trail, Donald Trump expressed a desire to return to “waterboarding” terrorism suspects and “worse.” Mike Pence declined to rule out torture when asked about it expressly...
Like most policy issues in his campaign, Trump’s references to the UN and multilateralism have been brief. If one searches for Trump & the UN, the main hit are statements made in 2005 that he could do a much better job renovating the UN than the UN itself! Apart from disparaging remarks about the Paris climate change agreement, the TPP, NATO...
As we all continue to digest the stunning election results from last week, I continue to focus on ways in which a President Trump could use his substantial powers over foreign affairs in unique and unprecedented ways. Withdrawing from trade agreements could be a major theme of his administration. Somewhat less noticed is the possibility that a President Trump fulfills...
As I recover from the gut-punch delivered last Tuesday, I plan to get back to blogging – something I have put aside for other priorities in the past years. The times and the issues are urgent, and I am anxious to engage with our readers and colleagues around the world at what I see as an extremely fragile period for...
While I would like to be able to offer some meaningful insight into what we might expect from the foreign policy of Donald Trump, I don’t think it’s possible to overstate at this stage the depth of current uncertainty surrounding what he will actually do. Part of this uncertainty is a function of his preternatural ability to take every...
"As the sixth largest economy in the world, California is more economically powerful than France and has a population larger than Poland. Point by point, California compares and competes with countries, not just the 49 other states.” In our view, the United States of America represents so many things that conflict with Californian values, and our continued statehood means California will continue subsidizing the other states to our own detriment, and to the detriment of our children. Although charity is part of our culture, when you consider that California’s infrastructure is falling apart, our public schools are ranked among the worst in the entire country, we have the highest number of homeless persons living without shelter and other basic necessities, poverty rates remain high, income inequality continues to expand, and we must often borrow money from the future to provide services for today, now is not the time for charity.This statement, and much about the movement, is like a study in secessionist politics, albeit with a sun-kissed white wine and Jacuzzis twist. OK, that Jacuzzi quip may be snarky, but I wanted to attach an image to this idea: the yearning for Calexit, such as it is, is an example of a wish for a “secession of the successful” (to use a term political geographers John O’Loughlin, Gerard Toal, and Rebecca Chamberlain-Creanga used to describe the attempted Transnistrian secession from Moldova, actually). These types of separatist movements, in which the separating group wants to stop paying rents to the central government and/or keep resources within their own territory for themselves, are generally called “tax exits.” The Transnistrian, Slovenian, and Croatian separations or or attempted secessions all had elements of tax exits. (See P. Collier & A. Hoeffler, ‘The Political Economy of Secession’, in H. Hannum & E. F. Babbitt (eds), Negotiating Self Determination (2006), 46 (concerning Slovenia and Croatia)). This is not even a solely a phenomenon of nation-building. In the U.S., we have even had new towns made up of wealthy neighborhoods that separated themselves from existing municipalities over tax allocations. Perhaps the best analogy, though, is Catalonia. Relatively wealthy, a large export economy, and the hub of creative industries in Spain, Catalonia even looks like parts of California (or vice versa). A common complaint is that wealth generated in Catalonia is redistributed by the national government to regions that are economically weak. Now, here’s what the Calexiters argue:
Since 1987, California has been subsidizing the other states at a loss of tens and sometimes hundreds of billions of dollars in a single fiscal year. As a result, we are often forced to raise taxes and charge fees in California, and borrow money from the future to make up the difference. This is partly why California presently has some of the highest taxes in the country, and so much debt. Independence means that all of our taxes will be kept in California based on the priorities we set, and we will be able to do so while repaying our debts and phasing out the current state income tax.You can’t state more clearly that a tax exit is a significant motivating factor for Calexit. So, if a majority of Californians say “yes to California,” do they have a right to become their own country under domestic law or international law? Julian answered the domestic law question in his post. As for international law, the right to self-determination is described in Article 1 of both the International Covenant of Civil and Political Rights Covenant and the International Covenant on Economic, Social and Cultural Rights:
All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.However, while Catalans, for example, can make a credible argument that they are a distinct people with their own language and culture and a heritage as a significant nation in European history, Calexiters are mainly upset about the recent election and would like to hang on to more tax revenues. Those are disputes over policy, but not claims of an independent national identity. Regardless, since the birth of the United Nations, diplomats and jurists emphasized that a right of self-determination does not provide a remedy of secession outside of the context of decolonization. A broad right to secession would have clashed with a cornerstone of the UN, the territorial integrity of states. Outside of the context of decolonization, the right of self-determination for communities that are within already existing states is understood as a right to “internal” self-determination: the pursuit of political, cultural, linguistic, and other rights within the existing state (in this case, the U.S.). However, secession is not in and of itself illegal under international law (although it may be linked to an act that is breach in international law, such as a military intervention by another state: think Russia invading Georgia to assist South Ossetia.) While secession may be neither a right nor illegal under international law, secessionist acts are usually illegal under domestic laws. Taken together, whether or not a secession is successful begins as a domestic political struggle, framed by the legal system of the pre-existing country and sometimes implicating international law due to intervention by other countries (or if the secession becomes a non-international armed conflict, but that's another story). All this sounds quite exotic in the context of some tech industry founders applying their credo of “disruption” to national politics. (I’m just waiting for the first Calexiter to say he or she aims to “break shit.”) The short answer is that there is no right for California to secede under either domestic or international law. However, the rhetoric of self-determination is enticing to would-be nation-builders and Calexiters make many of the same mistakes as other tax exit secessionists: First, they assume there is a clear path to secession, when that is rarely the case. Talk to the Catalans about this. They have mustered hundreds of thousands of people in the streets in
