International Legal Issues in the Scottish Quest for Independence from the UK

by Emmanuel Omoh Esiemokhai

The inalienable right of nations to self-determination up to independence is a cardinal principle of jus cogens. It is so fundamental that there can be no derogation from its tenets.

The Scots are poised for national regeneration. There will be fireworks in the university towns of Edinburgh, Aberdeen, Durham and others.
Scottish vibrant traditional culture will be on display, if the announced referendum will be positive, when it happens.

The Romans, who built the Antonine Wall, the French and English claims to sovereignty over Scotland, have remained part of the long and interesting Scottish history.

“Scottish Peers is the Act of Union of 1707 between England and Scotland to form Great Britain. It allowed in its provisions for the union of the English and Scottish Parliaments.

In practice, this meant Scotland would send to Westminster a contingent of members of both the House of Lords and House of Commons. The treatment of the Scottish peerage was not equitable. Of the total of Scottish peerage, only sixteen would be allowed a seat in the House of Lords. These sixteen would be elected by their fellow peers and only for the life of that Parliament, e.g. five years. The sixteen were known as the Scottish representative peers, who were not allowed to be elected into the House of Commons.

They could, and often received a British peerage, often of a lower rank than that which they held in the Scottish peerage. The UK peerage then permitted them to sit in the House of Lords, where out of courtesy; they were addressed by their Scottish rank, if higher. This curious position persisted until the passage of The Peerage Act in 1963, under Section 4 of this act it was ordained that holders of the peerage in the peerage of Scotland should have the right to receive writs of summons to attend the House of Lords, where they voted on equal footing.

The requirement for the election of Scottish peers seized to operate. (The Universal Library at page 229).

Scotland has had a robust foreign trade history and will expand its economy and financial activities as it consolidates its new sovereign state status.
The third famous Scottish university in Aberdeen may wish to open its doors to African students, who have suffered rejection, as a result of the Conservative government’s new policy on immigration.

Students will receive high quality education, but they will have to contend with winter and rough weather.

Last December, I was travelling by train from Bradford to London, when I joined in a lively discussion about the international legal issues in the Scottish quest for independence from the United Kingdom.
I cannot go into the intricate web of Scottish history, full of rulership intrigues and subterfuges.

Some of these were drawn in verse by William Shakespeare in “Hamlet” and in other narratives by Gavin Douglas, Dunbar, Henryson and the indefatigable Scottish poets, like Byron, Hogg, Stevenson and John Davidson.

Our efforts here will be focused on Scottish internal cohesion, its survival potentials and its international acceptability, which are not in doubt.
Under the Montevideo Convention of 1933, there are clearly stated criteria for statehood.

These are; a state must have a defined territory, a growing population, a national language or languages, ability to enter international diplomatic relations, a judicial system, preferably a democratic government, democratic political parties, the ability to participate in international economic relations, the willingness to live in peace with all nations and respect existing international law, treaties and conventions.etc.

Scotland meets all these criteria for statehood. It has world-class universities, a strong industrial base, and a civilized culture that is welcoming and accommodating.

The impact of Scottish independence on the United Kingdom is the subject that has been discussed widely in the British press, with varying degrees of optimism.

Some journalists have written excitedly, in the adventure-story genre, but this category is, at best narrow, obscure and at worst banal and elementary.
Pro- UK Scots seem to be afraid of what the new international legal status brings. Professor Hugh Douglas, during our train ride seminar, told his audience that the new status is a call to Scots to move away from artistry, British traditional romanticism and monarchical hypnotism but that they should embrace the challenges of the 21st century.

I added that Scotland should maintain a small army and a constabulary, but should not be obsessed with military manufacturing of weapons that are unnecessary, money-guzzling and wasteful.

The new state must allow children to be disciplined and not let them grow wild, only to freely engage in murderous acts later in life. “Spare the rod and spoil the Child”.

Scotland must tighten gun control, the use of marijuana and other dangerous drugs, which the West allows under the freedom hypocrisy.

Catholicism and Protestantism have shaped the human intelligence and virtues of Scots over the centuries, how their leaders will cope with the geo-politics of the modern age is a development we shall look forward to in the years to come.

Scots should reject the bizarre love for animals, including the Scottish terrier and wildlife, while the conservation of human life is casually given attention.

On the day CNN showed starving children in Syria, some fat cats were receiving awards for their laudable achievements in the conservation of wildlife, the lives of elephants and rhinos.
What consciousness!

Scots must accept God’s guidance because JESUS has conquered satan.

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