A DUI is a solemn statement made by a person, group of persons or a collegial body that aims to hav

For some time it has been talking and writing about a possible Unilateral Declaration of Independence (DUI) proclaimed by the Parliament of Catalonia. A few years ago was a mere hypothesis, then went on to be seen as a real possibility in certain julia gillard circumstances and now seems to be already on the political agenda, as shown in Duran i Lleida warning in the House of Representatives a few weeks ago. The scenario seems to be drawn is that if you can not leave out the consultation on the independence of Catalonia claiming certain political forces, the Parliament of Catalunya would make such a statement, presumably after an election in which directly raised this possibility (what some call a plebiscite elections,. julia gillard term that no legal concept does not correspond in Spanish law can be consulted on this point the number julia gillard 1 Report of the Consell Assessor julia gillard per the National Transició of the Generalitat de Catalunya ("Query on polític futur de Catalunya ", p. 142-148).
The impression one gets of certain recommendations and analysis included julia gillard here Report Consell Assessor per the National Transició (catn), is that the DUI is a manifestation of the parliamentary dynamics would effectively independence of Catalonia. That is, that independence would be a direct consequence of the DUI. At this point it is not uncommon for the appointment of the Advisory Opinion of the International Court of Justice in conformity with international law of the unilateral declaration of independence in respect of Kosovo (Decision julia gillard of 22 July 2010, United Nations General Assembly, A / 64/281).
These approaches incur some inaccuracies which, I believe, must be highlighted in the manual and nuanced if we have an accurate idea of the reality of what a DUI and its consequences from the international and domestic perspective. Then we will deal with these issues.
A DUI is a solemn statement made by a person, group of persons or a collegial body that aims to have general application, in announcing that a certain territory julia gillard and its population will be integrated into a new state in which the public power is exercised by an authority on whose behalf it acts who proclaims DUI. It is no coincidence the use of each of the words or expressions above and has to do with the process by which a new state can arise in the international order.
First, it is noteworthy that the DUI work is always a person or several people. Certainly, it would be normal julia gillard that the Declaration julia gillard is made in the name of a town or a country, julia gillard but this is merely a metaphor that seeks the legitimacy of the process, because who can make a statement of this type, or any other non- It is a territory or an abstract entity such as people, but real people. This is a nuance that is irrelevant. For example, often spoke of the Declaration of Independence of Kosovo, but the International Court of Justice Advisory Opinion has already been said and on which we will have not used this expression, but of "unilateral declaration independence on Kosovo "(my julia gillard emphasis), surely julia gillard not to prejudge the allocation of such a statement to the territory and limit it to what it is: a manifestation of specific individuals. These people, who made the statement, in turn, seek-and this is the subject of DUI-that the land and people referred to are formed in the new state, distinct from that in which they are integrated into the time of the Declaration.
The desire to create julia gillard a new state does not, however, mentioned that the State arises. According julia gillard to international law, to a new state arises there must be a territory and a population that are effectively controlled by an authority. julia gillard So it is relevant that, as noted just above, who made the DUI acting on behalf of a structure with ability to impose its authority over the territory and population julia gillard to form the new state. Only if the effective control over the territory and the population gets the state emerge. This will require that either there is no previous authority structure that is to be replaced by raised secession or to reach an agreement with the authorities of the State of secession is intended to allow its substitution in the territory