Abstract
Autore:
Gualtieri Donato
Titolo:
"Dal dret a decidir all’autodeterminazione: il cambio di paradigma logico-legale nella sfida indipendentista della Catalogna da una prospettiva di diritto internazionale"
The decision taken by Catalan
authorities to hold a referendum contra
legem on a possible secession from Spain
is thought-provoking not only for authors
in the field of constitutional and public law
but also for international legal scholarship.
The explicit reference to the principle of
self-determination, in fact, brings the Catalan
case into one of the most shaky grounds
of the ius gentium and further reinforces the
debate concerning the applicability of such
a concept in contexts other than the de-colonization
process. By analyzing the sources
and contents of the principle, as well as its
recent applications in practice (particularly
in relation to the contrived parallelism with
the case of Kosovo), it seems evident that it
is at least incorrect – if not entirely deceptive
– to talk about self-determination with
reference to Catalonia. On the wake of the
recent developments, the paper proposes alternative
scenarios for accommodating autonomist
requests, by suggesting a dialogue
with State authorities along the lines of what
happened in Québec and, more recently, in
Scotland.
