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Re Reference by the Governor in Council Concerning Certain Questions Relating to the Secession of Quebec from Canada

Canada.  20 August 1998 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Self-determination — Scope and extent — Right to self-determination in the context of an existing State — Whether part of the population of an existing State capable of constituting a “people” for the purpose of the right of self-determination — Internal and external self-determination — Whether international law recognizes a right of unilateral secession for part of the population of an existing State — Quebec — Whether population of Quebec or part thereof a “people” — Whether population of Quebec enjoying internal self-determination — Declaration of Principles of Friendly Relations between States 1970

Recognition — Of States — Of right of people to self-determination — Recognition as condonation of unlawful act — Whether likelihood of recognition of breakaway State means that there is a right to create such a State

Relationship of international law and municipal law — In general — Whether Supreme Court of Canada entitled to answer question regarding application of international law — International law as part of the law of Canada — Right of self-determination under Canadian law and international law

States — Creation and dissolution — Self-determination of groups within State — Whether conferring a right of unilateral secession — Relationship between right of self-determination and respect for territorial integrity of State — The law of Canada

Type
Case Report
Copyright
© Cambridge University Press 1999

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