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Periodical article | Leiden University catalogue | WorldCat |
Title: | The right of secession under international law and national laws: a case study of Zanzibar in United Republic of Tanzania |
Author: | Maalim, Mahadhi Juma |
Year: | 2008 |
Periodical: | Journal of African and international law |
Volume: | 1 |
Issue: | 3 |
Pages: | 107-148 |
Language: | English |
Geographic terms: | Tanzania Zanzibar |
Subjects: | separatism international law constitutional law |
Abstract: | This paper examines the right of secession using the United Republic of Tanzania (URT) as a case study. It mainly looks at whether or not Zanzibar has the right to secede from the URT. It traces the history of the two countries (Tanganyika and Zanzibar) which merged to form Tanzania, discusses the reasons for this union, and highlights the increasing problems which have resulted in calls for secession. Next, the paper looks at the position of secession under international law so as to lay the foundation for the examination of Zanzibar's right to secede and concludes that neither Zanzibar nor Tanganyika have a unilateral right to secede under international law. Shifting from the legality to the legitimacy of secession, the paper then re-examines the Zanzibar case in the light of the legitimacy to secede. Finally, the paper examines the right of secession under municipal laws. It concludes that there is no positive right of secession under Tanzanian municipal laws. Notes, ref. [ASC Leiden abstract] |