This dissertation examines the conception of the Special Tribunal for Lebanon, a hybrid court of international character created in the wake of the assassination of former Lebanese Prime Minister Rafik Hariri on 14 February 2005. It is considered that the method of conception, the incorporation of the highest international standards of human rights and due process, and the unique manner of defining and prosecuting terrorism serve in combination to meet the Tribunal’s mandate, while also fulfilling the Security Council’s mandate of restoring and maintaining international peace and security.
In late 2014, the devolved SNP Government in Scotland has stated its intention to hold a referendum on whether the political will exists supporting the independence of the territory from the United Kingdom. This paper considers the international legal rules that inform on the effects of such a referendum, and furthermore draws upon the previous experiences of other secessions, ranging from the dissolution of the Soviet Union (USSR) & the former Yugoslavia, the 2011 emergence of South Sudan, and the most direct analogy of Québec/Canada separation efforts.
By considering the current international legal framework, and conducting the referendum within this context, it is suggested that any future independence recognition by other states will be contingent upon adherence to these rules. Further to this, any future membership of a sovereign Scottish state in international organisations must necessarily rely upon external recognition, and should be perceived as the only means for discussing whether Scotland could be a viable small state in the international system, or whether, as part of the United Kingdom, enjoys a privileged representation otherwise impossible to fathom.
This submission to the Smith Commission in the wake of the Scottish Independence Referendum addresses the parameters within which more powers for Holyrood might be considered. Though a work in progress academically speaking, due to the short timetable both for Smith and for Scottish devolution, this document provides certain qualitative enquiries that ought to be considered for individual powers, as well as the totality of the recommended devolved powers that will make up the Smith Report due at the end of November 2014.
The Conversation (2017.12.18)
Analysis regarding the crisis over Catalonian independence efforts within Spain. This article was published by The Conversation and subsequently re-published globally as part of expert analysis on the efforts of the Catalan government to secede from Spain unilaterally, following a constitutionally-prohibited referendum that was flawed from the outset.