موقف القانون الدولي من إعلان الاستقلال من جانب واحد : دراسة في ضوء الاستفتاءين الكردي و الكتلوني عام 2017

الملخص EN

The issue of separation of the regions from the mother country and the formation of a new state is not the modern subject, as it was associated with the emergence of the modern state and the emergence of the national sense among the different entities, minorities and groups within the state.

The two referendums on separation in the Kurdistan region for separation from Iraq on 25 September 2017 and in the province of Catalonia for separation Spain on 1 October 2017 The debate on the contemporary position of international law on this phenomenon, in particular with the emergence of the position of the International Court of Justice in the Kosovo independence issue in 2008, in which it did not oppose separation with the provisions of international public law.

The separatists claimed in both regions that their separation was a right established by international law.

In their quest to confirm the legitimacy of this separation, the Kurds and the Catalons relied on a number of theories that prevailed under international jurisprudence to justify the right to secede from the state.

In this paper we will examine and discuss the theories on which the Kurds and And drew the two regions to reach to indicate the validity of this theory as a basis for separation.