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]
Examples
Prominent examples 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, 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.[3] 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.[4]
Date | Declared state | Parent | Independence | Recognition | Notes |
---|---|---|---|---|---|
1776 | United States | Great Britain | Yes | Yes | |
1898 | Philippines | Spain | Yes | Yes | |
1912 | Albania | Ottoman Empire | Yes | Yes | |
1919 | Irish Republic | United Kingdom | Yes | Yes | |
1922 | Egypt | United Kingdom | Yes | Yes | Unilateral grant of independence by the British government |
1965 | Rhodesia | United Kingdom | De facto | No | 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 | |
1983 | Northern Cyprus | Cyprus | Yes | No | Still claimed by Cyprus |
1988 | Palestine | Israel | Yes | Yes | 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 | |
1991 | Slovenia | Yugoslavia | Yes | Yes | |
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 | No | 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.[5] 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.[6][7] See International recognition of Kosovo |
2014 | Crimea | Ukraine | Yes | No | Annexed by Russia; still claimed by Ukraine |
Legal aspects
The International Court of Justice, in a 2010 advisory opinion, declared that unilateral declarations of independence were not illegal under international law.[7]
See also
- List of sovereign states by date of formation
- Declaration of independence
- Helsinki Accords (also known as the Helsinki Final Act)
- International law
- International relations
- United Nations
- Decolonization
References
- ↑ Douglas George Anglin. Zambian Crisis Behaviour: Confronting Rhodesia's Unilateral Declaration of Independence, 1965-1966. McGill-Queens, 1994.
- ↑ Don H. Doyle. Secession as an International Phenomenon: From America's Civil War to Contemporary Separatist Movements. University of Georgia Press, 2010.
- ↑ United Nations. Index to Proceedings of the General Assembly 2008/2009: Subject Index. New York, New York, USA: United Nations, 2010. Pp. 138.
- ↑ Florian Bieber, Džemal Sokolović. Reconstructing multiethnic societies: the case of Bosnia-Herzegovina. Ashgate, 2001. Pp. 41.
- ↑ Backing Request by Serbia, General Assembly Decides to Seek International Court of Justice Ruling on Legality of Kosovo's Independence, United Nations, 2008-10-08
- ↑ Accordance with international law of the unilateral declaration of independence in respect of Kosovo, Nspm.rs, 2010-07-22
- 1 2 Accordance with international law of the unilateral declaration of independence in respect of Kosovo, International Court of Justice, 2010-07-22