Chapter

International Law and its Impact on The Hijaz

Malik R. Dahlan

in The Hijaz

Published in print August 2018 | ISBN: 9780190909727
Published online January 2019 | e-ISBN: 9780190943226 | DOI: https://dx.doi.org/10.1093/oso/9780190909727.003.0007
International Law and its Impact on The Hijaz

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Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

Keywords: Montevideo Convention; Athos; Catalan; Colonial; Kuwait; Lateran Treaty; Quebec; Scotland; Secession; Vatican

Chapter.  18310 words. 

Subjects: Asian History

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