Matthew Webb

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups including ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit.

A separatist conflict has been ongoing in India-administered Kashmir since 1989. Focusing on this region, this book critiques the existing normative theories of secession, and offers a comprehensive examination of the right of sub-groups to secede. The book looks at the different accounts of the moral right to secede, and assesses both the theories themselves as well as the claims of those who want to separate Kashmir from India. Included within this analysis are the three main types of normative theory that ground the right of groups to secede in principles of national self: determination, consensual governance and rectificatory justice. Previous studies have discussed the causes behind the uprising in Kashmir against Indian authority and examined some of the legal and geo-political implications of the conflict for India and the wider region. This book provides a new way of looking at the Kashmir dispute, by asking what these theories tell us about Kashmir, and in turn what the example of Kashmir allows us to learn about these theories. It is of interest to students and scholars of South Asian Politics and International Relations.