Crown Dependency v Secession

Re: Crown Dependency v Secession

Postby Zaniwhoop » Fri Jul 30, 2010 3:36 pm

Oooh! I like this bit
the right of self-determination, which the ICJ found to be jus cogens in the East Timor case, is a right of all peoples, not only of those in a colonial context.
:sun:

and this looks like something to be careful of
The court asserted that the declaration of independence was not issued by the Assembly of Kosovo, Provisional Institutions of Self-Government or any other official body; was not following the legislative procedure and was not properly published. The words Assembly of Kosovo in the English and French variants were due to an incorrect translation and were not present in the original Albanian text, thus the authors, who named themselves "representatives of the people of Kosovo" were not bound by the Constitutional Framework created by the United Nations which reserved the international affairs of Kosovo solely to the competency of the UN representative."
have to make sure you are not bound by something before declaring independence.

I expect you've mentioned it somewhere, but what is FIDACH an acronym for, presuming it is an acronym?
Shaw's principle.
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Sublato fundamento cadit opus The foundation being removed, the superstructure falls.
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Re: Crown Dependency v Secession

Postby holy vehm » Fri Dec 31, 2010 1:20 pm

Ive recently watched the film 'passport to pimlico' and i thought of fidach.

For those that may not have seen it, its an old black and white film based in london during the blitz when after a boom fails to explode a group of children find treasure in a long forgotten basement. Within is a document that gives the people of that part of london sovereign status and they classify themselves as a sovereign state seperate from the rest of britain. The government them treat it as a seperate state and put up border patrols and treats the inhabitants as foreigners. The government make life as hard as possible for the residents of pimlico.
I wonder if the uk government would do something similar should we follow the same as huntingross and declare our own land as sovereign, would they then give us no right of passage and make our life's difficult. Its a while since i went through this thread but im sure as a diplomat you have freedom of travel through other U.N. member states.
What potential pitfalls do you envisage HR?
How do you think the government would react should say for instance fidach expanded over a large area of many hundreds of acres and had hundreds of residents/humans living there?

Watching the film got me thinking :thinks:

The films trailer http://www.youtube.com/watch?v=kErQAo5qlds
wiki http://en.wikipedia.org/wiki/Passport_to_Pimlico

namaste
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Re: Crown Dependency v Secession

Postby huntingross » Fri Dec 31, 2010 1:59 pm

Hi HV

If the UK government penned me up like that it could cause issues, but it could cause more for them....it is de facto acceptance of an independent state under international law.....you can see why they wouldn't want to do that.

If the state were to expand...I see an expanding problem for UK plc.....if other states were to be created and joined under treaty....I see an increasing problem for UK plc.

International law supports this action, indeed, UK plc supported Kosovo against the wishes of Serbia, and the International Court of Justice upheld Kosovo's right of secession by the unilateral declaration of independence.

As the people of the Keys say.....We seceded where others failed......

http://www.conchrepublic.com/history.htm

We could all secede if we wish.....it is our right.
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Re: Crown Dependency v Secession

Postby holy vehm » Fri Dec 31, 2010 2:10 pm

Cheers for that HR, so if over time a number of sovereign states in britain and expanded so as to eventually touch borders there could be a time when there was more sovereign land than uk plc, in effect taking the country back.

So there is no need to worry about what the uk plc would do as they themselves have international treaties to abide by set by recent events in kosovo.
So if they failed to regonise fidach as an independent sovereign state and trampled over your 'rights' then the ukplc have broken international law and due process would follow.

Just out of curiosity have you seen the film?

The link you provided is very interesting, i had never heard of it before.
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Re: Crown Dependency v Secession

Postby huntingross » Fri Dec 31, 2010 2:43 pm

Despite recent decisions of the ICJ and international law generally, hypocrisy knows no bounds and I am sure the UK plc will contrive all manner of reasons why unilateral declarations of independence are null and void in the context of the UK.

The DVLA are refusing to deal with the issue, their head is either firmly in the sand or up their arse.....either way the cold light of day does not shine there.

However, the Kosovo case is very clear in its ruling,

General international law contains no applicable prohibition of declarations of independence - Declaration of independence of 17 February 2008 did not violate general international law.


I don't think I have ever seen the film, but the title is legend....a classic....made in the day when people were not so divorced from concepts as we are today....a handful of decades can dumb an entire populace....less than one life time.
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Re: Crown Dependency v Secession

Postby huntingross » Fri Dec 31, 2010 2:48 pm

Taken today (ignore the time stamp, I never set it up when I put new batteries in)

Long live Fidach
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Re: Crown Dependency v Secession

Postby enegiss » Fri Dec 31, 2010 8:29 pm

HR, your a class of your own, love it, long live Fidach, peace
if you wish to create a favourable History, then you have to start now.
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Re: Crown Dependency v Secession

Postby Zaniwhoop » Fri Jan 07, 2011 8:09 pm

I watched Passport to Pimlico very recently too and very much admired the community spirit of the Pimliconians. I very much hope the same sort of spirit to stop obeying UK plc's statutes. Love the flag :love:
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Re: Crown Dependency v Secession

Postby holy vehm » Fri Jan 07, 2011 10:05 pm

Ive just read that southern sudan is to secceed from the north in the next month or so. The north has threatened retaliation and refused to recognise the south as a seperate state. The United nations on the other hand along with the international community has warned the north not to retaliate and to accept the souths wishes as it complies with international law.
Why, because the south is oil rich, has obviously cut a deal with various international members and will be protected by the good old US of A. The international community has vowed to recognise southern sudan as a seperate state. Most notably sudan as a whole is actually on the terror watch lists(nations that are deemed to support or take part in acts of terror or aggresion against the usa or its allies and its interests)
If the south claims secession will that state be removed from the list?
If the north retaliates it will face further isolation and will not be removed from the terror watch list, which it is something it is currently attempting to do.

So where there is oil there is secession.
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Re: Crown Dependency v Secession

Postby rupert » Fri Jan 07, 2011 11:51 pm

huntingross wrote:An requirement of the (soon to be) newly formed ministate will be Diplomatic Missions in strategic locations around the globe spreading the faith of Common Law.

To this end there will be Diplomatic Missions to those Diplomats of the State in line with the Vienna Convention on Diplomatic Relations


Hello Mark,
This is the way to go in my view - spreading the word whenever and wherever possible; count me in and do please keep us informed as to the creation of missions abroad.
Great thread :shake:
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