The importance of legal positions of international and domestic judicial authorities for preventing secession: theoretical historical aspect

The legal regulation of secession – the unilateral withdrawal of a part of territory from the parent state, is carried out at the junction of two branches of law – international and constitutional. Due to the absence in most of written constitutions of norms directly related to secession, and the laconic nature of relevant principles of international law, allowing for the possibility of ambiguous interpretation, decisions of international and domestic judicial authorities on the admissibility of secession play a special role in the legal mechanisms for its prevention, which determines the relevance of the chosen themes. Based on the analysis of the Advisory Opinion of the International Court of Justice of the United Nations of July 22, 2010 “On compliance with international law of the unilateral declaration of independence of Kosovo”, we formulate a conclusion about the absence of uniform international legal criteria to determine the admissibility of secession. In our opinion, the International Court of Justice has not resolved the legal issue underlying the protracted political conflict, has not created a new norm of customary international law, but has not provided the supporters of the unilateral declaration of independence with the necessary and sufficient arguments for the legal justification of their position. This allows us to speak about the importance of this decision in the international legal mechanisms for the prevention of secession, which, however, are at the stage of formation. Their development should take place synchronously with the constitutional and legal intrastate mechanisms, which in modern conditions should be aimed at finding a balance between the interests of the center and regional communities, establishing a dialogue with supporters of independence and protecting the national and cultural identity of population.