Catalonia fought for its independence from the 15th century onwards and its constitution and autonomy were abolished when it smoothly revolted against Spain in the middle of the 17th century. In the 19th century, the movement re-emerged and continued to grow until the 20th century and new efforts were made to revive the Catalan language to strengthen its distinct identity. In September 1932, Catalonia's autonomy within Spain was established and it gained full autonomy in 1979. But in 2010, the Spanish Constitutional Court amended the Statute of Autonomy of Catalonia, which ruled that Catalonia was not a nation even if Catalans could constitute a nationality. Current constitutional provisions give the Catalan government powers over education, health, culture, urban development and the environment. But many Catalans still seek complete independence because they feel a strong sense of cultural identity. And many have economic grievances. As according to data from the Spanish Treasury, Catalonia pays around 10 billion euros more in taxes to the Spanish government each year than it receives.1Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get the original essay On October 1, 2017, the people of Catalonia voted to separate from Spain in a referendum on the independence which was declared illegal by Spain. European Union members have failed to condemn the Spanish government for attempting to interfere with the referendum and engaging in tactics that some have called repressive and shocking. The EU insisted that the referendum was an internal matter for Spain and that the Spanish Constitution must be respected. One of the biggest problems for Catalonia in claiming independence is that it is illegal under the Spanish constitution. Another main reason was the Spanish government's refusal to allow a referendum to be held. The government's refusal to accept the possibility of independence for Catalonia clearly clashes with the idea of ​​self-determination. This type of denial by governments can enshrine the immutability of borders and condemn millions of people around the world to remain permanently trapped under the jurisdiction of governments they do not recognize.2 According to Article 4( 4) of the Catalan law on the Self-Determination Referendum, the positive result of the referendum of October 1 gives the Catalan parliament the right to declare independence.3In international law, it seems very complex at first glance to answer the question of know whether secession by a unilateral declaration of independence is legitimate or not. . This is a question of both domestic constitutional law and international law. The Spanish Court ruled that the referendum was illegal. But the question here is: is the approval of a host state essential for a country to declare independence? The answer must be no, because claiming otherwise is contrary to international law. Article 1.2 of the United Nations Charter4 recognizes the principle of self-determination. The main or fundamental principle of international law states that the provisions of the state constitution cannot be considered inherently legal and must be properly assimilated into international law.5 The International Covenants on Human Rights guarantee the right of peoples to self-determination, which also includes the right to self-determination. freely decides on its political status and Spain is a party to it. This isof a universal nature because it is granted to everyone, including the Catalan people.6 The interventions of the Spanish police during the referendum of October 1 constituted a flagrant violation of the freedom of expression and assembly of the citizens of Catalonia, which is granted to the inhabitants of Catalonia by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The use of excessive force also constituted a violation of the right to life, the right not to be subjected to degrading treatment, the right to liberty and security and other rights recognized by the international law.7 In international law, it is said that self-determination is the right of all people and they have the right to freely determine their political status and pursue their economic, social and cultural development. This guarantees the principle of territorial integrity. In international law, the application of the right to self-determination, established in the Charter of the United Nations, undermines the integrity of sovereign States. The law adopted on September 6 by the Catalan Parliament stipulates that the result of the referendum is binding. , and if it produces more affirmative votes than negative ones, this implies the independence of Catalonia. The legislation describes Catalonia as a social and democratic republic under the rule of law in which the region's inhabitants are sovereign. It also affirms that the European Union and international law will continue to apply and define the sovereign territory of Catalonia. It says EU rules that were in force in Catalonia at the time of the declaration of independence will continue to apply under the same conditions established by the bloc's law. It also states that European laws adopted after the declaration of an independent state will be automatically incorporated into Catalan law. International treaties signed by Spain are incorporated into Catalan law provided that they are considered compatible with their application in this country. The Catalan government will decide within a year which treaties to authorize.8The Spanish Prime Minister announced that he would seek to activate Article 155 of the Spanish Constitution which allows him to take all necessary measures to ensure compliance with the law which also included the suspension of Catalonia's self-government. This can give a significant reason for the Catalan to be deprived of their rights and it would be easier for them to demand secession.9 The Catalan referendum brought back memories of the situation in Kosovo in 2008. Many criticized saying that the The EU declared the separation of Kosovo. Serbia's secession is legal, which violates international law and the foundations of European law, but it did not recognize the Catalan right to a referendum on independence. Kosovo declared independence from Serbia in 2008. Although Spain has not recognized Kosovo, 82% of EU states and 86% of NATO states have done so. That the United States, the United Kingdom, Germany, France and many others recognize the unilateral secession of Kosovo, but deny the Catalans the same right, which clearly shows that the political powers have much more to do as legal or theoretical principles. Spain's membership of the EU and NATO means it is treated differently, exposing a selective approach to international law. Many people's claims that Kosovo deserved independence because its people had suffered greatly from the Belgrade government are not in themselves a convincing argument. It can be said that the states which recognized Kosovo as an independent nation haveviolated their legal obligation to respect Serbia's territorial integrity and sovereignty.10 The International Court of Justice, in its 2010 advisory opinion on Kosovo, helped restore Kosovo's original scope. of the right to self-determination. These rights include the right to establish a sovereign and independent State enshrined in the Charter of the United Nations as interpreted by the Declaration on Friendly Relations and in the International Covenants on Human Rights to which Spain is bound and which it must respect in good faith. according to Article 26 of the Vienna Convention on the Law of Treaties.11 The International Court of Justice recognizes the right to self-determination of “peoples of Non-Self-Governing Territories and of peoples subject to subjugation, domination and "exploitation." He also ruled out that international law would not prohibit such a declaration. The reason given by the ICJ was that although the UN Security Council had issued resolutions condemning the situations involving unilateral declarations of independence, these resolutions only condemned aspects of the illegal use of force or other violations of international law rather than the unilateral declaration of independence of Kosovo. therefore did not violate general international law The ICJ found that the documents did not prohibit Kosovo's unilateral declaration of independence and therefore ruled that Kosovo's unilateral declaration of independence did not violate international law. However, most international scholars agree that international law does not carry a right to secession and that it may only be tolerated in rare circumstances, such as in Kosovo and Bangladesh. As Spain is a democratic nation that respects human rights and international law (recognized right to self-determination which leads to corrective secession), the Catalan does not have an argument based on international law, because international law tolerates secession in extreme and rare cases. The situation in Kosovo was different in that when Kosovo was part of Serbia which was under the rule of Slobodan Milosevic, he engaged in brutal tactics to quell a simmering independence rebellion in Kosovo. Therefore, the international communities got involved, as NATO led the airstrikes, the EU led the administrative, security and civil missions. In a very short time, it was recognized as a new state by many international communities like the United States, Germany, etc., but not by Spain. Many countries view Kosovo as a unique situation that should not set any precedent in international law. On the other hand, the Spanish government has never violated human rights in Catalonia and the situation has remained peaceful. The international community has therefore become involved in Catalonia and this remains an internal matter. Secession is only legal under international law if the parent states agree to it. This usually happens in cases of civil war. But the country generally prohibits secession. According to article two of the Spanish Constitution of 1978, it is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards. Thus, according to Spanish constitutional law, it is illegal to claim independence. Unlike the situation in Kosovo, where the constitutional framework of UNMIK did not prohibit the declaration of independence, the referendum of October 1, 2017 is considered unconstitutional under the Spanish Constitution.12 There is no legal basis to recognize Catalonia as an independent state with regard to.