It says the law of the Referendum conforms to international legality and that the government has the legitimacy to apply the transitory law in case of victory of the YES vote on October 1
An academic report commissioned by the government states that European Union legislation and international law endorse the right of self-determination. It also stresses that the government has the legitimacy to apply transitional law after 1-O in case of a YES victory. In addition, it argues that referendum law meets international legal requirements.
The Department of Foreign Affairs has sent the report to the international chancellors’s offices. ‘European legislation does not prohibit the European people from exercising the right of self-determination. On the contrary, European legislation recognizes this right and even encourages it in Union treaties through its provisions and the practice of EU member states and institutions” it says.
The report is titled ‘The legitimacy of the right to decide on Catalonia’, and the Generalitat commissioned academics Nicolás Levrat (University of Geneva), Sandrina Antunes (University of Minho), Guilleume Tusseau (Sciencies Po) and Paul Williams (American University). The starting point of the study is the recognition of Catalonia as a nation and, as a result, its right to self-determination.
The study also underlines that half of the referendums on self-determination that have taken place in the world since 1991 (twenty-seven) have been made without agreement with the parent state. Finally, it recalls that this right is not restricted only to colonies – as the Spanish state suggests – and that the Spanish constitution obliges the Spanish government to comply with international law.