Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

Osgoode Hall Law Journal

Journal

2017

Self-determination, National

Articles 1 - 1 of 1

Full-Text Articles in Law

A Market For Sovereignty? The Roles Of Other States In Self-Determination, Karen Knop Jun 2017

A Market For Sovereignty? The Roles Of Other States In Self-Determination, Karen Knop

Osgoode Hall Law Journal

How can the popular sovereignty associated with international law’s regulation of self-determination (secession) be reconciled with the state’s traditional property-like prerogative to transfer (cede) territory regardless of the inhabitants’ wishes? Joseph Blocher and Mitu Gulati innovatively propose a “market” for sovereignty that would treat secession more like a sale of property, and cession, less.

Existing international law does not conceive of states as potential bidders, buyers, backers, underwriters or investors in a people’s exercise of self-determination. However, international lawyers should not overestimate the differences with Blocher and Gulati’s unconventional proposal. Compared to their idea of market-generated options for sovereignty, the …