UNIVERSITY OF COLOGNE

New Open-Access Book by Dr. Miklasová Explores Secession in International Law

In her new book Secession in International Law with a Special Reference to the Post-Soviet Space (Brill), our Postdoctoral Researcher, Dr. Júlia Miklasová, explores the increasing relevance of international law to cases of unilateral secession, particularly when connected to breaches of peremptory norms (jus cogens). It also emphasizes the critical role of post-Soviet secessionist practice within this legal context.

The book builds on Dr. Miklasová PhD thesis completed at the Graduate Institute of International and Development Studies in Geneva (2021, summa cum laude avec les félicitations du jury). It was thoroughly updated to reflect recent developments and finalised at the Academy for European Human Rights Protection in Cologne. The book is now published as an open-access publication with the support of the Swiss National Science Foundation, as part of Brill’s Theory and Practice of Public International Law series.

The book delves into the essential elements of contemporary international law concerning secession, covering topics such as the role of facts, the right to secede, referenda, declarations of independence, the principle of territorial integrity, and the relationship with consensual methods of State formation. Dr. Miklasová's central argument reinforces and expands upon the legalist position: if a secessionist entity gains effectiveness through violations of jus cogens norms, the creation of statehood is prohibited—legality takes precedence over effectiveness. Advancing this legal paradigm further, Dr. Miklasová introduces the concept of the "illegal secessionist entity" and demonstrates the pervasive effects of the original illegality on the entity's subsequent diplomatic, treaty, and economic relations, as well as its acts and laws. The book also examines the intersecting legal regimes of occupation law, human rights law, and the duty of non-recognition.

Drawing on an unprecedented analysis of practice involving Transnistria, Abkhazia, South Ossetia, Nagorno-Karabakh, Crimea, the Donetsk and Luhansk People’s Republics, and the Kherson and Zaporizhzhia Regions, the book identifies a common thread relating to these entities: despite their on-the-ground effectiveness, their existence stems from illegal use of force. As a result, these entities are barred from achieving statehood, and their illegality produces further legal consequences. The book also delves into specific issues such as the territorial scope of treaties related to these entities (e.g., the applicability of the Russia-Ukraine BIT to annexed Crimea), the legality of trade with them, the international opposability of privatizations, and the validity of birth and marriage certificates, among other legal acts issued by these entities. The analysis of post-Soviet secessionist practice underscores long-term general trends in the modern legal understanding of secession, particularly highlighting the critical role of jus cogens norms and their effects.

Dr. Júlia Miklasová will launch her book at the Academy of European Human Rights Protection in Cologne in early 2025.

We are searching a Postdoctoral Researcher (Maternity Leave Replacement) (m/f/d)

YOUR TASKS
» Conducting research in the Academy‘s fields of research
» Participation in and organization of events and research projects » Participation in teaching (tutorials, moot court, etc.)

YOUR PROFILE
» Research proposal in the Academy‘s research areas
» PhD Dissertation in the Academy‘s research areas (grade obtai­ned at least „magna cum laude“) or an equivalent outstanding foreign doctoral degree
» Relevant peer-reviewed publications in the Academy‘s research areas
»  (German) first or second state exam (grade obtained at least „vollbefriedigend“ in the obligatory state examination) or an equivalent excellent foreign law degree
» Excellent English proficiency as well as another foreign language
» Proven teaching experience

WE OFFER
» A diverse and fair working environment with equal opportunities
» Support in balancing work and family life
» Flexible working time models

See the job ad for more details.

Please apply online with proof of the required qualifications without a photo under: https://lnkd.in/ga5xHDV. The reference number is Wiss2408-18. The application deadline is 22 September 2024. For further inquiries, please contact Sophie Girardini (sophie.girardiniuni-koeln.de).

Prof. Dr DDr. h.c. Angelika Nußberger is now editor of Jus Internationale et Europaeum

The publication series Jus Internationale et Europaeum (JusIntEu) was founded in 2005. The series is particularly interested in works that bridge the gap between fundamental issues and the practical application of the law.

The influence of international and European law on national legal systems, especially but not only in the areas of human rights, environmental and commercial law, is constantly increasing. This development represents a huge challenge, because today it is no longer just a question of implementing international and European legal requirements, but also of making fundamental adjustments to national legal systems. This process calls for a theoretical analysis, which is still not a matter of course in public law, which continues to have an ambivalent relationship with international and European law. The series is intended to contribute to the theoretical and dogmatic penetration of the internationalisation and Europeanisation of public law and to propose solutions to the associated practical problems. The series publishes outstanding works that deal with legal issues at the interface between domestic public law and international law or deal with genuine international or European law issues.

ISSN: 1861-1893 / eISSN: 2568-8464

Prof. Dr DDr. h.c. Angelika Nußberger was a guest on Deutschlandfunk radio and spoke about the International Criminal Court and its role in the Middle East conflict.

Listen to the entire interview here. [German]