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Unilateral declaration of independence

A unilateral declaration of independence (UDI) is a formal process leading to the establishment of a new state by a subnational entity which declares itself independent and sovereign without a formal agreement with the national state from which it is seceding. The term was first used when Rhodesia declared independence in 1965 from the United Kingdom (UK) without an agreement with the UK.[1]

Contents

ExamplesEdit

Prominent examples[according to whom?] of a unilateral declaration of independence other than Rhodesia's UDI in 1965 include that of the United States in 1776,[2] the Irish Declaration of Independence of 1919 by a revolutionary parliament, Katanga's declaration of independence by Moise Tshombe in July 1960,[3] the attempted secession of Biafra from Nigeria in 1967, the Bangladeshi declaration of independence from Pakistan in 1970, the (internationally unrecognized) secession of the Turkish Republic of Northern Cyprus from Cyprus in 1983, the Palestinian Declaration of Independence from the Palestinian territories in 1988, and that of the Republic of Kosovo in 2008.[4] During the break up of the Soviet Union throughout 1991, many of its republics declared their independence unilaterally without agreement and were thus not recognised as legitimate by the Soviet central government.

During the breakup of Yugoslavia, the government of the United States asked the governments of Slovenia and Croatia to drop their UDI plans because of the threat of major war erupting in the Balkans because of it, and threatened that it would oppose both countries' UDIs on the basis of the Helsinki Final Act if they did so. However, four days later both Slovenia and Croatia announced their UDIs from Yugoslavia.[5]

Date Declared state Parent De facto independence International recognition Notes
1776   United States   Great Britain Yes Yes
1816   Rio de la Plata   Spain Yes after the military victory Yes after the military victory Division and dismembration of the independent country. Paraguay secession. Brazil invaded Uruguay. Spain recognized the Argentine Independence in 1859
1821   Greece   Ottoman Empire Yes Yes Intervention by the France, Russia, and the United Kingdom in favour of Greece in the Greek War of Independence secured its independence in 1832.
1830   Belgium   United Netherlands Yes Yes UDI (4 October 1830) recognized by the major European powers following the London Conference of 20 December 1830
1898   Philippines   Spain No No Conquered by United States; became independent in 1946 by agreement
1912   Albania   Ottoman Empire Yes Yes
1919   Irish Republic   United Kingdom Yes Yes
1922   Kingdom of Egypt   United Kingdom Yes Yes Unilateral grant of independence by the British government
1945   Indonesia   Netherlands Yes Yes
1960   Katanga   Republic of the Congo Yes No Breakaway Congolese province, secession forcibly ended by the United Nations Operation in the Congo in 1963.
1965   Rhodesia   United Kingdom Yes No Self-governing British colony, unilaterally declared itself independent as Rhodesia in 1965, renamed Zimbabwe Rhodesia 1979, then gained international recognition as Zimbabwe in 1980.
1967   Anguilla   United Kingdom No No Returned as a British Crown Colony in 1969.
1967   Biafra   Nigeria Yes No Present day Nigeria
1971   Bangladesh   Pakistan Yes Yes
1975   Cabinda   Angola No No Still claimed by Angola
1983   Northern Cyprus   Cyprus Yes No Still claimed by Cyprus
1988   Palestine   Israel Yes Yes (Recognition of Palestine) Claims territories occupied by Israel since 1967
Israeli–Palestinian conflict and peace process still ongoing
See International recognition of the State of Palestine
1990   Transnistria   Moldova Yes No Still claimed by Moldova
1991   Somaliland   Somalia Yes No Still claimed by Somalia
1991   Croatia   Yugoslavia Yes Yes Set off Croatian War of Independence
1991   Slovenia   Yugoslavia Yes Yes Set off Ten-Days War
1991   Republic of Ichkeria   Russia Yes No Present day Chechen Republic, part of Russia
1991   Nagorno-Karabakh   Azerbaijan Yes No Still claimed by Azerbaijan
1991   South Ossetia   Georgia Yes No Still claimed by Georgia
1999   Abkhazia   Georgia Yes No Still claimed by Georgia
2008   Kosovo   Serbia Yes Yes (partial) Still claimed by Serbia
A United Nations General Assembly (UNGA) resolution adopted on 8 October 2008 backed the request of Serbia to seek an International Court of Justice advisory opinion on Kosovo's declaration of independence.[6] On 22 July 2010, the ICJ ruled that the declaration of independence of Kosovo "did not violate any applicable rule of international law", because its authors, who were "representatives of the people of Kosovo", were not bound by the Constitutional Framework (promulgated by UNMIK) or by UNSCR 1244 that is addressed only to United Nations Member States and organs of the United Nations.[7][8]
See International recognition of Kosovo
2014   Crimea   Ukraine Yes No Annexed by Russia; still claimed by Ukraine
2017   Catalonia   Spain No No Spain sovereignty remained unchanged

Legal aspectsEdit

The International Court of Justice, in a 2010 advisory opinion, declared that unilateral declarations of independence were not illegal under international law.[8]

See alsoEdit

ReferencesEdit

  1. ^ Douglas George Anglin. Zambian Crisis Behaviour: Confronting Rhodesia's Unilateral Declaration of Independence, 1965–1966. McGill-Queens, 1994.
  2. ^ Don H. Doyle. Secession as an International Phenomenon: From America's Civil War to Contemporary Separatist Movements. University of Georgia Press, 2010.
  3. ^ Briscoe, Neil (2003). Britain and UN Peacekeeping: 1948–67. Basingstoke: Palgrave-Macmillan. pp. 117–118. ISBN 978-1-4039-1499-6.
  4. ^ United Nations. Index to Proceedings of the General Assembly 2008/2009: Subject Index. New York City, USA: United Nations, 2010. Pp. 138.
  5. ^ Florian Bieber, Džemal Sokolović. Reconstructing multiethnic societies: the case of Bosnia-Herzegovina. Ashgate, 2001. Pp. 41.
  6. ^ Backing Request by Serbia, General Assembly Decides to Seek International Court of Justice Ruling on Legality of Kosovo's Independence, United Nations, 8 October 2008
  7. ^ Accordance with international law of the unilateral declaration of independence in respect of Kosovo, Nspm.rs, 22 July 2010
  8. ^ a b Accordance with international law of the unilateral declaration of independence in respect of Kosovo Archived 23 July 2010 at WebCite, International Court of Justice, 22 July 2010