Jalal Tarar has posted The Frozen Right of Secession: Self-determination, Sovereignty and the Limits of International Law on SSRN. Here is the abstract:
This article investigates the paradox of secession rights under international law, conceptualised as the “frozen right.” While the principle of self-determination in Article 1 of the United Nations Charter theoretically supports secession, political realities prioritise state sovereignty and territorial integrity, rendering secession rights unenforceable. Using case studies-including the United States, European Union, and Russia-the article identifies the tension between normative commitments to self-determination and geopolitical stability. It concludes that this “frozen” status reflects a strategic compromise within international law, preserving nation-state integrity at the expense of theoretical rights. Through a critical analysis of political unions, liberal philosophy, and international legal instruments, the article explores the underlying factors that contribute to this phenomenon. It highlights the tension between liberalism’s advocacy for self-determination and its hesitation to endorse secession, as well as the UN Charter’s ambiguous language that perpetuates the frozen status of these rights. The findings suggest that the frozen right reflects an unresolved contradiction in international law, where normative commitments to justice and autonomy are subordinated to the imperatives of state preservation.