Saturday, November 9, 2013

The rules of international law on secession are well known. The right to independence exists sittah


"A country is more, it is less a country, especially a double country like mine, whose voice rises only to contradict himself, who denies, affirms, sittah koene vanishes who use and heats up to himself on the edge of violence that destroy or will live. "Jacques Ferron
Funding
All agree that the National Assembly of Quebec can not unilaterally change only international law or the Canadian constitutional law. But many also agree that it is not appropriate for the Fed to challenge the validity of the Act 99. In this regard, the Motion filed on 23 October in the Assembly is a noble protest, which also brings some clarity to the debate.
The rules of international law on secession are well known. The right to independence exists sittah koene for the oppressed or subjected to colonial rule peoples that would also be the case where a definable group is denied meaningful access to government to pursue their political, economic, social and cultural. But this does not exclude the possibility or the possibility for a people, a nation or community to aspire to form an independent state as long as the process is democratic. This new self-proclaimed government, however, between the international community if it is recognized by other states, this recognition is essential to give the international personality to the new state.
The Quebec Act of 1999 she respects international law? The Act begins by proclaiming that "The people of Quebec may, in fact and in law, to have himself. It holds universally recognized rights under the principle of equal rights of peoples and their right to self-determination. [...] The Quebec people have the inalienable right to choose the political system and the legal status of Quebec. [...] The people of Quebec alone determines, sittah koene through political institutions that belong to it, the procedures for the exercise of their right to choose the political system and the legal status of Quebec [...] Any term or condition of exercise of this right, including the consultation of the Quebec people in a referendum, has no effect unless it is determined sittah koene under the first paragraph. " In view of international law, it would be unreasonable to assume that the National Assembly created for the people of Quebec a "right" would be automatically enforceable in any other state and the international community. Rather, it is an option and not an absolute right, which moreover would inalienable. The people of Quebec can only determine its political system and its legal status, but this self-determination is an absolute legal in Quebec law.
Act 1999 does meet the Canadian constitutional law? And she has to respect? The Supreme Court has clearly said yes in Reference 1998. For its part, the International Court of Justice has emphasized in its Opinion on Kosovo of 22 July 2010 on the importance of the constitutional framework to be followed in the event of secession. The Constitutional sittah koene law in this case is the Reference of the Supreme sittah koene Court that states, not the federal Clarity Act. But the Supreme Court established a number of principles or rules. The secession of a province is possible in the Canadian constitutional framework, but it requires a constitutional amendment. A province has the constitutional authority to call a referendum and make itself the issue. And its Motion, the National Assembly has reason to reaffirm it alone "has the power and the ability sittah koene to set the terms and conditions surrounding the holding of a referendum in accordance with the law on referendums, including the wording the referendum question. " However, the Constitutional sittah koene law requires that the question is clear. And the answer given by the electorate must be clear and unambiguous. If the electorate chooses independence, the Fed and other provinces have a constitutional obligation to enter into negotiations with the breakaway province. This negotiation should be "governed by the same constitutional principles that gave rise to the obligation to negotiate: federalism, democracy, constitutionalism and the rule of law and protection of minorities" (Reference, by 90. ). Apparently, certain terms of Law 99 may be difficult to reconcile with the principles and rules of Canadian constitutional law, for example the expression "alone determines."
Federal Clarity Act is not a law constitutional level, it concerns the conditions posed

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