Sulla (im)possibilità della secessione. Per una legalità «liminale» di Costanza Margiotta
Abstract – This essay investigates three open-ended questions related to secession. The first is the secession-self-determination of peoples relation: the a. goes again through the frequent error of seeing the two terms (concepts and rights) as synonymous. The second question relates to the current «success» of the well known theories of secession: the so-called Choice theories of secession. After having discussed the reasons of this «new type of secessionism», the a. exemplifies how from the international perspective secession can be considered as an «ultimate right» and that, if one can talk of a thing such as legality when referring to secession, it can be done only in the sense of a liminal legality: a legality that reside in the border area between the internal and the international legal order.
Keywords – secession, self-determination, choice theories of secession, legality.