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.
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Date
2017-03
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Addis Ababa,University
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.
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‘‘Criteria and Implementation of Secession Right under the FDRE