The IIPE research team implements the ongoing project “Serbia in Contemporary International Relations: Strategic Development and Firming the Position of Serbia in the Process of International Integ ration – Foreign Policy, Economic, Legal and Security Perspectives”, which started in 2011. However, an extensive interpretation and evolutionary and teleological interpretation of its rules and principles could lead to the conclusion that secession is regulated by international law, albeit in an indirect way through the codification and progressive development of the right to self-determination
By strictly interpreting positive international law, it can be concluded that there are no norms in it that would regulate this phenomenon in an explicit way. Starting from the fact that secession occurs from time to time in a different constellation of international relations its existence presupposes the establishment of certain normative frameworks. However, the very emergence of new states through secession remained legally undefined, which in itself is a major problem for the international community whose criteria of statehood are based on the principle of legality (ex injuria ius non oritur). In this sense, international law has had very limited effects in terms of the consequences of secession changes, which through its codification and progressive development are regulated by the rules of succession of states.
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Usually, in such situations, the secession was legitimized through the international recognition of the new states and the verification of the continuity of the international legal subjectivity of the predecessor states. When this situation is established and consolidated over time, that is, when it becomes de facto effective, the applicable rules and principles of international law would apply. According to the historical development of international relations, the secession of states is only a “mere fact”, a “political matter” or a “pre-legal situation” that has often caused the shaking and instability of the international legal order.
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