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lord of the mark
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FUKCOV - Former United Kingdom Colony of Virginia
Dec 2000 time: 00:35
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quote: Originally posted by Richelieu
Apparently there is no lawful way to "undo" a country.
Quebec does have borders that are legally/internationaly recognized i believe. Any individual, country or corporation wishing to do commerce or deal in any way at the provincial level with Quebec is subject to do it within the limits of its territory only. If not de jure, at the international level, at least de facto borders then. (Although i am pretty much certain that the current borders do have a legal value, but i guess a lawyer would know more about this than i do) I know that that argument has been used to justify that Quebec's claim on Labrador were void since it entered in contracts with Newfoundland & Labrador for transport of electricity: it implicitly accepted the territory's borders.
Also: i realize that i've been educated in Quebec's school system by teachers who were very probably overwhelmingly in favor of independance. That may hastainted their / my vision of things but : what i was taught was that nations have a right to "dispose of themselves".
Then came the definition of a nation, which included a distinct culture and a geographical area governed by a representative legislative body. I believe Quebec does meet all of these requirements. Gotta go now but i'll come back later. |
IIUC its a priniciple of international law that the decision to organize based on a federal system is an INTERNAL matter of a country, and does NOT grant ANY right in international law to secede beyone what would exist otherwise. Ergo the existince of Quebec as a PROVINCE of Canada is irrelevant in international law, as are its provincial boundaries. Quebec can gain independence with Canadas consent, in which case international law protecting sovereignty would not matter - but then Canada might well choose to negotiate the frontiers, and NOT accept the current provincial boundaries, which were agreed to ASSUMING Quebec stayed in Canada. OR Quebec might seize independence unilaterally - if successful they would become de facto sovereign, a status that would lead to de jure recognition under international law. However if they failed to achieve de facto control over the James Bay region, they would not gain de jure rights to this area in this fashion.
Geographic and cultural distinctivenes is not the basis for a claim of sovereignty under international law. That is why the world has not yet seperated Kosovo from Yugoslavia and continues to recognize that Chechnya is part of Russian, etc.
International law is very conservative in this regard - it recognizes the rights of the de facto ruler as sovereign, subject to limitations on the inadmissibality of gaining territory by force (but this seems to apply only where that force was exercised since the founding of the UN) and the general rule against overseas colonial empires.
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Richelieu
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Gatineau
Dec 2001 time: 00:35
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quote: Originally posted by Ben Kenobi
Yep. That's the first point. The borders of an independent Quebec would revert to those borders of Quebec before Confederation.
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Why?
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Zylka
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quote: Originally posted by notyoueither
As it wouldn't be the first choice of most Albertans either.
However, there is a similar very small percentage of people in both provinces who feel we would be better off together on our own. Of course, some of them think that Washington, Oregon and maybe Idaho would join us, so I suppose that tells you how grounded in reality they are. |
Although it is ridiculous - the point here is that it's even more viable an OVERALL option that a sovereign Quebec. Seriously; Quebec is a novelty act worth absolutely nothing on its' own. Even oil "rich" Alberta would be on precarious enough a future with its limited (although comparitively broader) industry
Canada is fricking Canada.. let's make the out Ontario influence through a new right together
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Zylka
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Attack the message, not the picture the messenger attached.
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shawnmmcc
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Zykla - Can I see what would have got you banned, puh-lease. 
Lord of the Mark - Excellent analysis of International Law. However, International Law is based on maintaining the status quo. There are so many artificial boundaries because the people drawing the boundaries didn't give a damn about the people living there. In fact, International Law and the precepts BEHIND it have given us most of the insurgencies and genocides since WW2, and has given us a fair number of wars. It is the de facto way things are settled, but to say it "works" depends on how you define that. Ask the Tutsi in Rawanda, or the Tamils in Sri Lanka (where India intervened on very thin pretensions in the interior affairs of a sovereign state, very similiarly to numerous US interventions in Central America).
Havel permitting the break-up of Czechoslovakia is a better model. "The rights of the governed...", etc. Yes, I know most countries pay lip service to that at best, including the US. Oligarchs, Religious leaders who feel they are RIGHT, and dictators aren't going to subscribe to this, and neither are majorities who control areas that really are ethnically and geographically seperate. Look at the Kurdish portion of Iraq (another artificial creation post-WW1 by the Brits, I've known high school students who could have done a better job of drawing borders) and how the Shia leadership wants to control that portion of Iraq. I guess I'll never be a good leader, the desire for power and control over others is something that I have never had an emotional connection to.
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