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INDEPENDENCE

ANALYSIS Even if separatist parties win the Catalan election, international law doesn’t provide a right to independence

Voters in Catalonia will go to the polls on December 21st in an election triggered by the recent crisis over the region’s declaration of independence from Spain.

ANALYSIS Even if separatist parties win the Catalan election, international law doesn't provide a right to independence
Candidates for the pro-independence CUP party at a campaign rally. Photo: AFP

By George Revel, University of Leicester

If separatist parities succeed at the ballot box it’s likely they will claim this as a legitimate mandate for independence. But this is not a sound interpretation of the international law of self-determination – and the result of the election cannot be seen as a proxy for independence.

Both those for and against the region’s right to claim independence from Spain argue that their position is grounded in international law. The Catalan government, prior to being deposed on October 27th, claimed that the international right of all peoples to self-determination afforded the region the “right to independence” and the international legitimacy of their expectations – an argument supported by some commentators.

READ MORE: What next for Catalonia

But self-determination and “a right to independence” are not synonymous. International law supports independence as a legitimate outcome of self-determination only under limited circumstances. There are three circumstances:

  • The self-determining territory is under foreign colonial rule.

  • The territory is subject to gross violations of human rights and humanitarian atrocities committed by the state.

  • The territory is excluded from the political process of the state.

Given that Catalonia is not a colony, post-Franco Spain has not committed gross human rights violations in the region, and Catalonia enjoys political inclusion at every level of government in Spain, it fails to meet these three circumstances. That means international law does not support Catalonia’s claim of an international “right to independence” under the current circumstances.

Quebec and Scotland


Scottish saltire flags fly with the Estellada. Photo: AFP

In the bids for independence of Quebec and Scotland, domestic political negotiation resulted in the Canadian and UK governments authorising referenda to be held over independence in each place. Holding a referendum does not necessarily give a region the right to secede if voters opt for independence, rather it creates an obligation on the parent state to act in good faith. There is no “automatic” right to secede created.

A landmark 1998 ruling in Canada on the issue of Quebec’s secession is a useful reference point here. For any independence referendum to be effective, the Canadian Supreme Court stated that where there is a clear answer to a clear question with a clear majority, a government cannot ignore the result. However, the extent of that obligation is for the government to enter into good faith negotiations with the region on the terms of departure – and these negotiations may not mean necessarily lead to independence.

Prior to the Scottish independence referendum in 2014, the Scottish and UK governments agreed to legally respect its outcome, and the appropriate constitutional powers were transferred to Scotland. Both sides accepted as a matter of law the consequences attached to the result.

In Catalonia, the independence referendum on October 1 was held outside the powers of the Catalan parliament – a position confirmed by the Spanish Constitutional Court. This is not to say that it was rebellion or sedition to pursue a referendum, rather it was beyond the Catalan government’s legal powers to unilaterally enact its consequences. Therefore, the result – which was in favour of independence – was not recognised either domestically or internationally.


People in Barcelona take part in a protest against imprisoned Catalan politicians. Photo: AFP

Beyond the ballot box

Self-determination in democratic states is normally fulfilled within the constitutional framework of an existing state. The failure of separatist political parties to achieve constitutional amendments or agreements is not a denial of this right. Except in the extreme circumstances outlined above, relying on self-determination to provide an “automatic right to independence” is a dangerous misrepresentation of international law that threatens those states which adhere to democratic principles.

The electoral success of separatist parties at the ballot box does not give a legitimate mandate for independence. If separatist parties do win on December 21, it will not give Catalonia the right to secede. At best, it will require Madrid to engage in good faith dialogue with Barcelona on potential constitutional change in Spain.

The ConversationNone of this foregoes the possibility of the emergence of an independent Catalonia. There may be several compelling political or social concerns for fulfilling self-determination rights of the Catalans that could be presented as part of negotiations with Madrid. But there cannot be an ultimatum from the Catalan separatists that independence must be on the table in future negotiations.

The author of this article is George Revel, PhD Candidate in International Law, University of Leicester

This article was originally published on The Conversation. Read the original article.

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CATALONIA

14 Barcelona life hacks that will make you feel like a local

Barcelona is a popular city for foreign residents in Spain thanks to its coastal location, many international companies and great lifestyle. However, navigating life here can take some getting used to, so here are our top Barcelona life hacks to help make things easier for you.

14 Barcelona life hacks that will make you feel like a local
Barcelona life hacks. Image: Michal Jarmoluk / Pixabay

Invest in a good water filter

Barcelona tap water doesn’t taste the best, particularly in the areas around the Old Town such as El Born, the Gothic Quarter, Barceloneta and Raval. The water is also very hard, meaning that it leaves limescale on appliances such as your kettle.

Using a good water filter can improve the taste and make sure that limescale doesn’t build up. It’s also much more economical and healthier than buying bottled water every time you want a drink.

Use the Rodalies trains to get across the city faster

Many people when they first move to Barcelona just use the metro and don’t bother using the Rodalies trains. While it’s not always necessary, for certain journeys it can make getting across the city much faster.

For example, if you need to get from Sant Andreu or Clot to Sants to connect to one of the intercity trains, it’s only two or three stops on the Rodalies, as opposed to more than 10 on the metro, as well as changing to different lines.

Don’t try and get anything important done in August

This is probably true of most of Spain, but if you need to get anything important done, whether official paperwork or renovations on your apartment, don’t try and get them done in August.

The whole city goes on holiday for the month of August, including office personnel, builders and handypeople. If you need to get any of this done, it’s best to get it done before the holidays or to wait until September.  

Don’t buy drinks from sellers on the beach or in the park

You’ll find many people selling drinks on the city’s beaches and in the main Ciutadella Park. While it can be tempting to buy these, especially when it’s so hot, you need to be aware that these cans of drinks are often stored inside drains or under manhole covers, meaning that they’re not the cleanest.

A few years ago, El País took the mojitos sold by hawkers on the beaches to a local lab. The results came back a few days later to show that they contained high levels of fecal matter and bacteria in them.

Barcelona’s Chinese supermarkets are a great source of ingredients

Although you can now find many more foreign ingredients in local supermarkets than you could just a few years ago, there are still many that you may miss from back home, particularly South East Asian and Indian ingredients.

Barcelona has several excellent Chinese supermarkets, where you can find a range of ingredients, everything from sesame oil and Thai curry paste to Indian spices and affordable peanut butter.

Don’t take valuables out with you to certain areas, particularly at night

Unfortunately, bag snatchings and pickpockets are still commonplace in Barcelona. While the thieves mainly target tourists, foreign residents often find that they are targets too.

The trick is to blend in like a local, look like you know where you’re going and don’t take valuables with you to areas such as the Gothic Quarter, Raval or the Rambla, especially at night. Bag snatchings in El Born have also increased in recent years, so keep your wits about you around there too. 

Find your favourite beach outside of the city

Barcelona’s beaches may have been one of your prime reasons for moving here, but you’ll find that you actually prefer the beaches outside of the city.

Overcrowded, dangerous and a lot dirtier than other beaches in the area, the beaches in Barcelona are unfortunately not all that they’re cracked up to be. You’ll often find that after you’ve been for a swim, your valuables will not still be on the sand where you left them. Head just 15 to 20 minutes outside of the city however and you’ll find the beaches are far nicer and safer.

Find a beach outside of the city centre to go to. Photo: makunin /Pixabay

Try to join several different clubs or groups

Barcelona is a very transient city, meaning that people are moving here and leaving all the time. As a result, you’ll often find that most of the friends you made when first moving here have now moved away and you’ll constantly need to make more. If you join several clubs and groups, you’ll find that making new friends all the time is a lot easier. 

Don’t buy a single transport ticket

It’s never really worth buying a single transport ticket in Barcelona, because you’ll end up spending much more money per journey than you would if you bought the T-Casual (10 journeys) or the monthly T-Usual metro card instead.

You can also buy 10-journey bono tickets for the Rodalies trains, which will also save a lot of money if you’re making regular journeys out of the city. 

Try and avoid shopping at Port del Angel on Saturdays

Port del Angel is Barcelona’s main pedestrianised shopping street. While it’s great and has all the high-street fashion shops you want, it can be a nightmare shopping here on Saturdays.

If you do need to shop on a Saturday, try Rambla Catalunya or one of the shopping malls instead, which won’t be so crowded.

Be prepared for festivals and events

Barcelona holds so many festivals and events that it can be hard to keep up. In normal (non-Covid) years, there is one every other week.

Because of this tickets sell out quickly and there are many fun cultural events that you might miss out on. Keep your calendar up to date, so you know what’s going on, and make sure to book tickets for anything you want to see, well in advance. 

Tipping isn’t necessary at all bars and restaurants

Tipping isn’t all that common in Barcelona, unless perhaps if it’s a particularly nice restaurant or if there’s a large group of you that the waiter has had to look after.

You’ll find that it’s not expected either, except maybe at some of the city’s very touristy restaurants.  

READ ALSO: Why do Catalans have a reputation for being stingy?

Do lots of research before renting an apartment and if it sounds too good to be true, then it is

Unfortunately, there are lots of property scams in Barcelona, so try and do as much research as you can beforehand. Never pay money upfront before you’ve seen the property and received the keys.

Also, be aware that many landlords will not return your deposit at the end of your stay.

Many people get around this by not paying the last month’s rent, but this can also make things difficult for the good landlords who may genuinely need to deduct something for damages, so speak with your estate agency on the best thing to do in this situation.

READ ALSO: What you should know about renting an apartment in Barcelona

Hire a gestor or lawyer to help with immigration and tax issues

You’ll save yourself a lot of time and hassle with immigration and tax issues if you hire a professional to help you in Barcelona, where getting a cita previa (appointment) for official matters can often be difficult, in part because these law firms often bulk book them.

However, there are certain processes that you won’t need an immigration lawyer for such as getting a residency certificate if you’re from an EU country or exchanging your green residency certificate for a TIE if you are British and moved here before the end of 2020.

READ ALSO: BREXIT: How to apply for a TIE residency card in Spain

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