Controversial Principles of International Law: The Unrecognized Right to Secede. A Study on the Fear of the European Union and the Case of Scottish Independence

Secession represents one of the most controversial principles of international law. Considered by many a proper human right, the international community is reluctant to recognise it due to its potential disruptive nature. Given its lack of recognition in legal frameworks - both at the international, constitutional and European Union (EU) levels - there are diverse academic theories on why this process should be recognised and enforced so to uphold the rights of every individual. The present study focuses on the theoretical framework that surrounds this contentious topic, expressing how secessionist demands should be addressed. Moreover, it presents the cautionary stance taken by the EU in recognising secession from the Union itself, underlining how the Union’s approach may produce reverse and negative effects. Finally, it discusses the Scottish independence case study through the lens of secession and the right of self-determination, by also providing reasons on why the nation should be entitled to vote on independence a second time.