Breakfast Briefing with Júlia Miklasová

Secessionist Attempts Resulting from Violations of Jus Cogens Norms: Legal Implications with a Special Focus on the Post-Soviet Space

Abstract

According to a mainstream doctrinal view, the creation of states through unilateral secession is a meta-legal fact not governed by international law (ex factis jus oritur). In her presentation, Júlia Miklasová will challenge this position, highlighting the legal implications relevant to the secessionist attempts resulting from violating peremptory norms of international law. It will detail four types of legal consequences: the non-existence of the claimed statehood, the inapplicability of the law of state succession, the (in)validity of acts of secessionist entities and the applicability of the aggravated regime of international responsibility (notably, the duty of non-recognition). Focusing, primarily, on the practice from the post-Soviet space, Júlia will demonstrate the prevalence of the effects of the principle of ex injuria jus non oritur in contemporary regulation of secession. 

About the Speaker

Júlia Miklasová is a Postdoctoral Researcher at the University of Cologne, Germany. Júlia obtained her PhD (summa cum laude avec les félicitations du jury) from the Graduate Institute Geneva. Previously, Júlia was a Visiting Researcher at the Lauterpacht Centre for International Law at the University of Cambridge, a Junior Visiting Fellow at the IWM in Vienna, a Research Assistant at the Global Migration Centre in Geneva and a Legal Assistant to a Member of the ILC in Geneva. Her monograph Secession in Contemporary International Law with a Special Reference to the Post-Soviet Space is forthcoming with Brill.

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