SPECIAL IDEAS REPORT

« Congestion Pricing | Main | The End of TV as We Know It? »

06 July 2009 3:00 PM

Ideas 2009

When Is Secession Justified?

Ilya Somin has an interesting take:

One of the striking differences between the American Revolution and most modern independence movements is that the former was not based on ethnic or nationalistic justifications. Nowhere does the Declaration state that Americans have a right to independence because they are a distinct "people" or culture. They couldn't assert any such claim because the majority of the American population consisted of members of the same ethnic groups (English and Scots) as the majority of Britons.

Rather, the justification for American independence was the need to escape oppression by the British government - the "repeated injuries and usurpations" enumerated in the text - and to establish a government that would more fully protect the rights to "life, liberty, and the pursuit of happiness." The very same rationale for independence could just as easily have been used to justify secession by, say, the City of London, which was more heavily taxed and politically oppressed than the American colonies were. Indeed, the Declaration suggests that secession or revolution is justified "whenever any Form of Government becomes destructive of these ends" [emphasis added]. The implication is that the case for independence is entirely distinct from any nationalistic or ethnic considerations.

By contrast, modern international law, such as the International Covenant on Civil and Political Rights assigns a right of "self-determination" only to "peoples," usually understood to mean groups with a distinctive common culture and ethnicity. If the American Revolution was justified, the ICCPR's approach is probably wrong. At the very least, secession should also be considered permissible where undertaken to escape repression by the preexisting central government. For example, Taiwan's de facto secession from China in 1949 was surely justified, despite the fact that most of the island's population consists of ethnic Chinese.

TrackBack

TrackBack URL for this entry:
http://ideas.theatlantic.com/mt-42/mt-tb.cgi/11186

Comments on this entry have been closed.