自决权:并非分离主义的挡箭牌

The Rights of Self-Determination: Not the Shield of Secessionism

独立和分离属于不同的领土变更情形。自决权的主要内容是独立权而非分离权。在国际法上,自决权是一项法律权利,而分离权却不是一项法律权利,它在国际法上不被提倡,在国内法上通常被禁止,充其量它是一项补救性的道德权利。因此,自决权和分离权没有必然的联系,自决权不应成为分离主义势力所假借的理论工具。

Independence and secession are classified to different territory change situations. The mainly content of rights of self-determination is the rights to independence but not rights to secession. In the international law, the rights of self-determination are a kind of legal rights while the rights to secession are not. The rights to secession aren＇t advocated in international law and is usually prohibited in nation. At best, it＇s a kind of supplemental moral rights. Therefore, there is no inevitable relation between the rights of self-determination and the rights to secession. The rights of self-determination should not become a theory tool which is used by the secessionist.