TY - JOUR ID - 56446 TI - Violating Human Rights and separatism: critical approach to theory remedial secession in international law JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Haddadi, Mahdi AU - Karimi, Siamak AD - Assistant Professor, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran AD - PhD. Student, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran Y1 - 2016 PY - 2016 VL - 45 IS - 4 SP - 715 EP - 736 KW - breach of human rights KW - International Responsibility KW - law of treaty interpretation KW - remedial secession KW - right on self-determination KW - territorial sovereignty DO - 10.22059/jplsq.2016.56446 N2 - The right to self-determination is one of the fundamental and most crucial principals ofinternational law. Such cruciality is emerged from violating territorial integrity of countries. There will be no controversy over territorial integrity while colonies apply their right to self- determination; but recently after separation of Abkhazia and Ossetia from Georgia, Kosovo from Serbia, initiating the separation process by Kurds and Catalonians in Iraq and Spain, a controversy has arisen over territorial integrity denial in situations of serious human rights breach. Theory of remedial secession not only states such questions but also believe in supremacy of human rights over territorial integrity in humans rights breach situations. Studying on this theory constructions, indicates that there are some conflict between this theory and principal of interpretation of treaties under articles 31 and 32 of 1969 Vienna treaty. At the same time such theory goes beyond the existing rules and principals of responsibility of states and has criminal nature unlike the principals of responsibility of states which have remedial nature. UR - https://jplsq.ut.ac.ir/article_56446.html L1 - https://jplsq.ut.ac.ir/article_56446_314f556f6d63415cf539bc1ae538b5ae.pdf ER -