New development: Comparative perspectives on political divorce settlements—what happens when a country secedes?

Abstract

This article presents an overview of the legal issues pertaining to the possible secession of Scotland from the United Kingdom. International law and existing norms are few and far between. However, many issues, such as the right to secession, settlement of debt and membership of international organizations are relatively well established. The likely conclusions are that Scotland would have to apply for membership of international organizations. However, it is far from certain that Scotland would have to pay its share of the UK's national debt.

Keywords:

• Independence
• international law
• Scotland
• secession

Notes

^* ‘State succession in international law cannot be confused with succession in munichipal law and the transfer of property and so forth to the relevant heir’ (Shaw, 2008, p. 957).

^* See the comment, in the British Court of Appeal: ‘As the court of this country are concerned, international law has no validity’, Chung Chi Cheung v. The King [1939], AC, 160, per Lord Atkin.

^* See Portugal v. Australia, International Court of Justice, 30 June 1995, ICJ Reports, paras 90–106.

^** See Advisory opinion, International Court of Justice, 16 October 1975, ICJ Report 12-68, para. 55.

Additional information

Notes on contributors

Matt Qvortrup

Matt Qvortrup is a senior lecturer at Cranfield University, UK and a constitutional lawyer.