Political Divorce: UK, Spain and Ukraine Style

Pyotr Romanov writes:  Divorce among couples rarely ends without problems, and all the more so with divorce between states. Those splits inevitably involve political and economic hardships, mutual recriminations and a complex and painful division of property. And even once this nightmare is over, the very presence of the other party causes interminable irritation and anger.

The only example that I can recall of a civilized “state divorce” in Europe was the peaceful division of Czechoslovakia into two parts.

Divorce and separation remains a very real problem for Europe. Scotland’s agitation to leave the U.K., Catalonia’s attempts to escape the custody of Madrid and Novorossia’s bloody fight to break away from Ukraine are all ongoing issues.

And although each case is very different, they share one aspect in common: London, Madrid and Kiev are exerting great efforts to prevent those disunions. However, a strict interpretation of international law indicates that, in all three cases, those advocating separatism have every right to at least advocate their cause.

In 1945, the right to self-determination was included in the United Nations Charter. Then, in 1966, this right was enshrined in the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.  Still later, this right was confirmed in documents of the Organization for Security and Cooperation in Europe.

In theory, the people living in the area affected should resolve these disputes, without any outside interference. The UN Charter states that “all states shall, in accordance with the provisions of the UN Charter, encourage the right to self-determination, and shall respect that right.” The only problem is that nobody “respects” that right.

The UN Charter also contains the contradictory principle of “the inviolability of borders” because after World War II the leading powers wanted to ensure stability by any means. The second reason is that the clause on self-determination was introduced during the collapse of the colonial system when the authors had the African states in mind.

The underlying problem with the current world order is that it has long outworn its original set of clothing and just plods on wearing the same old, uncomfortable and increasingly tattered rags. A prime example of this is the fact that the victors in World War II continue to control the UN Security Council, a completely inappropriate situation given the wealth and power of the world’s developing nations.

If Kiev and Moscow had enough sense, it would avoid all this bloodshed by letting Novorossia go in whichever direction it wanted. Thus freed from that heavy burden, Kiev could finally pursue meaningful integration with Europe.  However, Madrid will continue desperately clinging to Barcelona, London to Scotland and both Kiev and Moscow to the Donbass.  If only someone would follow the example set by Vaclav Havel.

Whose Constituency?

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