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Putting aside the specific circumstances surrounding the Crimea referendum -- circumstances that make it impossible to say that the vote was conducted under fair conditions -- the fact remains that it seems reasonably clear that most Crimeans want to leave Ukraine and join Russia. Thus this is a case, and not the first by any means, in which the principle of self-determination comes into conflict with that of preserving the territorial integrity of extant, recognized sovereign states.
In this case the U.S. and EU have plumped for territorial integrity over self-determination, and the particular circumstances, i.e. the Russian invasion that preceded the referendum, have allowed them to claim the legal and moral high ground in doing so. But in the past the U.S. and many of its allies have occasionally made the opposite choice, recognizing states that have resulted from the breakup of existing ones (e.g., Eritrea, Bosnia, Kosovo), and while it is possible to paint some of this as simple acquiescence to faits accomplis it would be difficult to maintain that a wholly consistent, high-minded, and principled stance has guided all such past decisions.
Indeed, it would be surprising to find complete consistency in anything having to do with state behavior, since it is a truism that the world is complicated and that states navigate it by a messy mixture of interest, calculation, and principle, a mixture that is unlikely to yield completely consistent results. Scholars may try to discern a consistent thread that determines, for example, when the U.S. recognizes secessionist movements and when it does not (see, e.g., Jonathan Paquin, A Stability-Seeking Power, 2010; link), but without casting aspersions on the particular book just mentioned I think it would be wise to retain some skepticism about whether these often tangled situations can be tamed by a nice theory.
The problem is not only that states are guided by a mixture of considerations but that principles themselves, as mentioned at the beginning of this post, come into conflict. In an article published almost twenty years ago ("The Crisis of Liberal Internationalism," Foreign Policy, Spring 1995; link to pdf), Stanley Hoffmann put the point this way:
It is precisely in the realm of chaos I described above -- the realm of disintegrating states -- that the clash of norms is the most evident and paralyzing: Sovereignty (as a principle of order and, still, a barrier against aggressive or imperial designs), self-government or democracy, national self-determination (with all its ambiguities and flaws), and human rights (which are not devoid of ambiguities of their own...) are four norms in conflict.... Human rights...often cannot be protected without infringing upon another state's sovereignty, or without circumscribing the potential for a "tyranny of the majority" entailed by national self-determination and by Jacobin versions of democracy. The trouble-making potential of self-determination, both for interstate order and for human rights, is not so obvious that many liberals want to curb it or even get rid of it, yet the demand for it simply cannot be ignored, and denying its legitimacy would rarely be a recipe for order or democracy. Inconsistency is the result of this confusion: the international "community" has recognized Croatia, Bosnia, and Eritrea, but not Biafra, Chechnya, or the right of the Kurds and Tibetans to states of their own.
Scholars emerging from graduate school with PhDs in political science or international relations are unlikely, I would guess, to find jobs these days if their work prominently features words like "inconsistency" and "confusion." The field tends to value work that purports to bring theoretical order out of apparent chaos. But confusion and inconsistency are often pervasive in the real world of international relations, and although "it's confusing" will not cut it if one is writing a dissertation, for those whose priority is understanding the real world "it's confusing" is not a bad place to start -- and, sometimes, it's also not a bad place to end up.
Prof. Steve Saideman's post on how countries react to secessionist movements elsewhere cites some scholarship, including his own work and Jonathan Paquin's 2010 book on U.S. policy toward secessionist movements, but the post doesn't offer much in the way of a substantiated argument on a couple of points, or so it seems to me. Saideman asserts that a key factor is ethnic ties (as argued in his book The Ties That Divide), and he also says that when ethnic ties are absent, strategic interests will matter. But he pooh-poohs precedent and norms, declaring himself to be a "precedent-skeptic" and a "norm-skeptic."
Maybe the reason for this skepticism is made clear in his book and articles, but it doesn't really appear in the post. It seems reasonable to me to suggest that the territorial-integrity norm (which I believe is a real thing, continuing disagreement from some readers notwithstanding) would imply a baseline of opposition to most secessionist movements most of the time. And I would guess that if one surveyed all the secessionist/separatist movements active in the world today, one would find relatively few of them enjoying much support from states/governments. Certainly I'm not denying that ethnic ties matter in this context (not having read The Ties That Divide, it would be extremely rash of me to do that), but it does seem to me that a flat statement that one is a "norm-skeptic," with the subtext "if you want to find out why, you'll have to read my book," is not all that helpful. But maybe the evidence Saideman has in mind does not lend itself to summary in a sentence or two, in which case the flat statement is somewhat more defensible, I suppose.
ETA: This forthcoming book also takes an approach to secession that appears, according to the publisher's summary, to be 'norm-skeptical.'
Note: Post edited slightly after initial posting.
The 1933 Montevideo Convention on the Rights and Duties of States sets out the minimum requirements for statehood in international law: "a permanent population; a defined territory; government; and capacity to enter into relations with the other States." A prominent international lawyer has written that several of these criteria boil down to "the existence of effective government...." (Ian Brownlie, Principles of Public International Law, 4th ed., p.73).
Not surprisingly, the rather vague criteria of the Montevideo Convention have not always been applied consistently. In a 2002 article, "Sovereign Rights in International Relations: A Futile Search for Regulated or Regular State Behavior" (Review of International Studies, 28:4), Ersun Kurtulus pointed out that, for example, Chechnya in the 1990s had most of the empirical attributes of statehood but lacked the legal status of sovereignty, whereas Bosnia-Herzegovina was widely recognized as a sovereign state while (arguably) lacking the empirical attributes of statehood. Bosnia was hardly alone in that respect, of course. There is a well-known distinction in the Int'l Relations literature, introduced by Robert Jackson, between "juridical" and "empirical" sovereignty. To take an example: Somalia has juridical but not empirical sovereignty, whereas Somaliland, one could argue, has empirical but not juridical sovereignty. (On Somaliland, see, e.g., Peter Roethke, "The Right to Secede Under International Law: The Case of Somaliland," Journal of International Service, 20:2, Fall 2011.)
The above remarks are prompted by reading Courtney Brooks's article, "Making a State a State," in the current issue of World Policy Journal. Brooks, the UN correspondent for Radio Free Europe/Radio Liberty, argues that there is a "need for a mechanism to normalize the process of international recognition of a state." UN membership, which requires a two-thirds vote of the General Assembly, is perhaps the closest thing to an official stamp of recognition of statehood, but it isn't quite that, and moreover any one of the five permanent members of the Security Council can veto a membership application.
Brooks contends that no one country should be able to veto a UN membership bid and that a way should be found to bypass the veto power, perhaps by reviving a 1950 SC resolution that was used to break a deadlock over the Korean War by giving "the General Assembly the power to overrule the Security Council in some instances...." The likelihood of this occurring, I would say, is minimal, but it's an interesting proposal.
However, in terms of the way it's organized, the problem with Brooks's generally good article is that it begins with a discussion of Abkhazia, a region in the west of Georgia (see map here) that declared itself independent in 1999 but is recognized as an independent state only by Russia and four other countries. (The four are Venezuela, Nicaragua, Nauru and Tuvalu, the latter two being tiny island states in the Pacific.)
Abkhazia is thus not a case of an entity that would benefit from a 'normalization' of the recognition procedure or a bypassing of the Security Council veto, since virtually no country wants to recognize it except Russia. Brooks quotes a Russian spokesman as saying "we encourage everybody to accept the new geopolitical reality in the South Caucasus. Two independent states, Abkhazia and South Ossetia, exist there alongside Georgia." This is Moscow's position and (with respect to Abkhazia at least) Venezuela's and Nicaragua's position, and Nauru's and Tuvalu's, all of whose positions have, as one might delicately put it, been influenced by Russian financial largesse. But the other 180-plus sovereign states in the world aren't buying this "new geopolitical reality."
Accordingly, Brooks tacks on a coda proposing that residents of "disputed territories" like Abkhazia should have their rights to travel freely, for example, guaranteed by some mechanism, perhaps a revival of something like the UN Trusteeship Council. Again, I don't know whether this particular mechanism is the right one, but the basic idea of enhancing the rights of Abkhazians and others similarly situated seems reasonable.
Two other quibbles with the piece: it uses "state" and "nation" interchangeably, which I think should be avoided if possible, and it refers at one point to the "rigidity" of territorial boundaries in negative terms. In fact the rigidity of boundaries has some significant benefits as well as some costs; for further discussion, see, e.g., here.
P.s. Be sure to catch the very short poem quoted at the very end of Brooks's article.
Further reading: Mikulas Fabry, Recognizing States (Oxford U.P., 2010).
I learned just now, from one of my infrequent visits to the Opinio Juris blog, that Bolivia officially changed its name in 2009 to the Plurinational State of Bolivia, thus formally affirming that it is not a "nation" but a state of several nations, including indigenous peoples. Actually, very few 'nation-states' in the world today are nations in the sense of being composed of just one ethno-national group; most sovereign states are multinational or "plurinational," in fact if not in official name.
The author of the Opinio Juris post, Peter Spiro, remarks that "the nation has generated and justified the state." No, not always. In the case of France, for example, I think it was more the other way around: the state generated the nation. (See Rogers Brubaker's 1992 book Citizenship and Nationhood in France and Germany.)
And what about the coming-into-being state of South Sudan? Plurinational? Well, from what I gather, there are ethnic and tribal divisions, so yes.
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