Authors

• Mahdi Haddadi ¹
• Siamak Karimi ²

¹ Assistant Professor, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran

² PhD. Student, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran

Abstract

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.

Keywords

• breach of human rights
• International Responsibility
• law of treaty interpretation
• remedial secession
• right on self-determination
• territorial sovereignty