Rencana Pemisahan Catalonia dari Spanyol Ditinjau dari Prinsip Self-Determination

Mochamad Ardhi Ma’Arif • Wisnu Aryo Dewanto • Muhammad Insan Tarigan
Journal article Keluwih: Jurnal Sosial dan Humaniora • Квітень 2020 Іспанія

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Abstract

—This Study discussed the problem whether the secession of Catalonia from Spain is in accordance with the self-determination principle in the International Law. This study used a legal, concept and case approach and concluded as follows: Catalonia was able to separate them selves from the parent nation according to the self-determination principle by making a referendum. This act of making a referendum was a way for the Catalonia society to state their opinion. This condition was in accordance with the self-determination principle in the International law because the right for secession may occur in a certain condition other than the context of decolonization. When a country is retricted by the reigning government in savoring internal self-determination (in obtaining political, economic, social and cultural status), then the country may perform a secession from the parent nation. The requierements of self-determination in the Catalonia and Spain case were political, economic, social and cultural aspects. Afterwards, Catalonia needed full fill the requirements stated in Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States, and they need to get a recognition from another country. Keywords : secession, referendum, self-determination principle, recognation

 

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Keluwih: Jurnal Sosial dan Humaniora

Keluwih: Jurnal Sosial dan Humaniora (Keluwih: Journal of Social and Humanities) is an online, op... see more