Document Type
Article
Publication Title
Security and Defence: Ethical and Legal Challenges in the Face of Current Conflicts
Abstract
Abstract The territory has traditionally been one of the main sources of conflict. Since the borders of the states were determined after the Second World War, some of the main problems for security and defense have been determined by the separatist claims of those territories integrated into states from which they aspire to separate. There are cases in which the foreign influence is clear, but others in which the nationalist sentiment explains the desire for disintegration, as is the case in Spain. The territorial configuration of the Spanish State in the 1978 Constitution was an original milestone in the history of constitutionalism at the international level. More than forty years have passed since the approval of the Constitution and there is growing separatist pressure that the State is confronting with sometimes necessarily exceptional legal means. This chapter will try to confront the separatist problem as a source of conflict through an in-depth analysis of the legal and ethical issues involved from a philosophical point of view.
First Page
139
Last Page
157
DOI
https://doi.org/10.1007/978-3-030-95939-5_10
Publication Date
18-3-2022
Recommended Citation
Cayón Peña, J. (2022). Conflict and Territory: A Legal and Metalegal Approach. The Case of Spain. In: Cayón Peña, J. (eds) Security and Defence: Ethical and Legal Challenges in the Face of Current Conflicts. Advanced Sciences and Technologies for Security Applications. Springer, Cham. https://doi.org/10.1007/978-3-030-95939-5_10