1
Philosophy, Religion & Society / Re: Bye Bye Abortion
« Last post by Rama Set on Today at 11:31:58 AM »So again, the issue has not been determined.
Whether you agree with that is neither here nor there. Your opinion doesn't matter. Just like my opinion doesn't currently matter against the SCOTUS recent ruling. Until such point I put forward a case to challenge that decision and the SCOTUS rules in my favor.
If you would like to change that, take it up with the courts. In the meantime, SCOTUS rules and you do not.
Simply wrong. The courts of a country do not "rule" on the topic of secession. If a territory of Algeria is feeling persecuted and wants to form its own country because of irreconcilable differences it is not for the persecutors to decide. That falls into an outside structure such as International Law. When you have a dispute with someone you appeal to an outside source or structure, not the person you are having a dispute with. In secession the US Colonies originally appealed to outside principles of Natural Law and the Law of Nations, under principles which are still used and cited by territories who have seceded from their countries.
In International Law the topic of secession is still a very much debated and controversial subject and is nowhere near settled:
E-International Relations - Is There a Right to Secession in International Law?...
Conclusion
The principle of self-determination, particularly the right to remedial secession, is still a much-debated topic in international law. Its development from a colonial to post-colonial doctrine has been highly controversial for many states, scholars and international lawyers alike. The lack of recent ICJ opinion and judgement on the matter has only served to add further confusion to the principle, and there is a pressing need for the Court to resolve this before its ambiguous interpretation impacts further on the international legal system.
According to you, if a country doesn't want its territories to secede, that's the end of the story and there is no need for any form of outside law to determine that. This would be a ridiculous position to hold and is clearly and blatantly wrong.
International law appears to disagree with the US law as interpreted by SCOTUS. It wouldn’t be the first time the US disregarded international law and international law is not held to be as binding as domestic law. It’s largely irrelevant though since in the case of a state declaring their secession, the choice for the federal government would be to either let them go peacefully or not.