Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-23T17:21:08.790Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)