The legality of Scotland declaring its independence without the backing of the Westminster government is set to be debated in Aberdeen this weekend.
The political hot potato will be at the heart of a University of Aberdeen Law School workshop on the legal impact of a referendum on Scottish independence.
With a minority SNP government now looking likely, Anthony Carty, Professor of Public Law, will discuss the present Scottish political situation during the morning session of the workshop, which runs from 9.30am-6.30pm on Saturday May 12. An international law perspective on Scottish independence will follow from Dr Natalia Alvarez Molinero, a Postdoctoral Research Fellow at the University.
To put Scotland's political position in context, contributions will also be received from Canadian legal experts on the independence question in Quebec. Two members of the Spanish Congress – Socialist Party member Jordi Pedret Grenzer from Catalonia and Dr. Aitor Esteban, a member of the Basque National Party – will then present differing sides of the independence referendum debate in Spain, with particular reference to the Basque Country and Catalonia.
The day will culminate in a round table debate featuring all the participants. It is hoped this will include representatives from Scottish Labour and the SNP, who have both been invited to participate in the debate.
"We aim to demonstrate that the demand for a referendum as the means for Scots to decide their future on independence is the only legal and legitimate path that can be taken," said Professor Carty, who was responsible for organising the event alongside Dr Alvarez.
"The workshop is intended to explore and debate the legal issues surrounding the path to independence in an objective and dispassionate manner," he explained. "What if, for example, the Scottish people, through an advisory referendum, authorise negotiations for independence, or a new relationship or partnership, and then the Westminster Government refuses to negotiate?
"We'll also be asking whether a regional or devolved Parliament has a right in international law simply to declare independence in a democratic society such as the UK, where there is full Scottish participation in the political process and there are no significant human rights violations or discrimination against the Scots.
"The usual international law answer, following UN practice, is not clear and the lessons from Spain are not so positive. However, the Quebec experience may suggest that a failure of Westminster to negotiate in good faith would justify an independence declaration."
The workshop on the constitutional and international legal consequences of a referendum on Scottish Independence will take place in Room MR613 in the MacRobert Building on Saturday, May 12.
Further information can be obtained from Prof. Anthony Carty href="mailto:a.carty@abnd.ac.uk">a.carty@abnd.ac.uk</a> and Dr. Natalia Alvarez Molinero href="mailto:n.alvarez@abdn.ac.uk">n.alvarez@abdn.ac.uk</a></p>
Details of the workshop programme can be found at http://www.abdn.ac.uk/law/research/referendum