Criteria and Implementation of Secession Right under the FDRE Constitution in light of the International Law Regime: A Critical Analysis of the Law and the Practice.

Getachew, Tewodros (2017) Criteria and Implementation of Secession Right under the FDRE Constitution in light of the International Law Regime: A Critical Analysis of the Law and the Practice. Masters thesis, Addis Ababa University.

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Abstract

This thesis, among other things, studies both the theoretical and practical paradoxes of secession right under the FDRE constitution. Given the wider significance of this thesis, there is a serious concern regarding the current absurd incorporation of the unconditional secession right under the FDRE constitution and the criminalization of some aspects of this right at the same time. The paradox that, the grant of the widest form of the right to secession and lack of constitutional quests of secession rather the occurrence of many criminal cases of secession i.e. Crimes against the National State committed by the secessionist/separatist groups is continuing as a obscurity. Subsequent to reviewing the relevant literature, international legal frameworks, case laws, interviews and other methods, the author will identify and establish the international law regime and practice on secession. Pursuant to the findings, the thesis draws the FDRE constitution is not in conformity with the international legal regime, theories and state practice as far as secession and its implementation are concerned. Consequently, it also tries to create a coherence in implementing the right in doing so, possible demarcation will be made on the distinction between ‘secession as a constitutional right’ as against ‘secession as a crime’. Thus, the thesis will bring possible alternatives which might thwart the paradoxes on the strange stand taken by the FDRE constitution on secession right and its application, as a way forward.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Kabiru Wallace Ndung'u
Date Deposited:	04 Jul 2019 09:11
Last Modified:	04 Jul 2019 09:11
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9358

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