4. Assessment of scenario 2: Road and air transport of day-old chicks
4.7. The highly relevant welfare consequences identified for transport of day-old chicks
4.7.1. Handling stress
Overall, according to Beran, if the ‘Chinese box model’ of political organisation and a democratically based right of self-determination are universally accepted then a new world order would eventually be formed. The number of States would augment or the political divisions within States would increase; the number of nation States would increase by redrawing borders in order to make them closer to national divisions; more States would establish political and economic bonds across State
86 Ibid 55.
87 Ulrike Lunacek, ‘Parliament Rapporteur: All EU Countries Should Recognise Kosovo’
(EurActiv.com, 20 December 2011) <http://www.euractiv.com/section/global-europe/interview/parliament-rapporteur-all-eu-countries-should-recognise-kosovo/> accessed 22 May 2016.
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borders within continental areas; and finally, the importance and the use of international courts would increase in order to settle disputes.88 The question that needs answering is: does the world have an innate aversion of secession? Has the right of self-determination become too much to accept? As it stands, the international fora believes that the right to independent statehood will not include a right to secede from a State which already upholds the principles of equality and individual moral autonomy; thus, the reunification of Cyprus is believed to be the solution which will enable these principles to be carried out without having to resort to permanent secession. Secession still has a negative connotation; it is a ‘refusal to acknowledge the legitimacy of the state’s claim to authority. It is a bid for independence from the state through the appropriation of the state’s territory.’89
What needs to be accepted is that if ‘we’ claim to live in a liberal world, then the two features of liberalism must not be ignored; its distinctive ‘moral ontology’90 and a dedication to its firm thesis of moral egalitarianism-‘where all individuals are of equal moral worth and thus possess equal rights and entitlements’.91Ipso facto, if the individual has the power to choose its political status, then each individual ‘enjoys moral dominion regarding themselves such that only their consent is sufficient to determine membership of any association, including political associations such as the state.’92 Therefore, the only legal political divisions are those which have been chosen by the majority of the people and reflect their decisions.93 In sum, this means that if a group opts to secede, the prevention of this would go against the idea that all associations are voluntary.94
According to Kant, liberalism is based upon the prioritisation of principles such as equality and individual freedom, and these two principles are prerequisites for a good quality life. A person should be able to live his or her life in line with his or her own beliefs; furthermore, a person should be able to question these beliefs and if
88 Beran (n 4) 55.
89 Matthew J Webb, ‘Is There A Liberal Right To Secede From A Liberal State?’ (2006) 10(4) TRAMES 371
<http://www.kirj.ee/public/trames/trames-2006-4-5.pdf> accessed 22 May 2016.
90 Brian Barry, ‘Nationalism Versus Liberalism’ (1996) 2(3) Nations and Nationality 423, 432.
91 Webb (n 89) 372.
92 Ibid 373.
93 Harry Beran , ‘A Liberal Theory of Secession’ (1984) 32 Political Studies 21, 26.
94 Ibid 24-25.
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they seem to be undeserving of adherence, readjust them after having thoroughly researched other adoptable options.95 Consequently, these principles give rise to certain individual rights-i.e. freedom of association- which overrule conflicting considerations.96 So, the imperative point to note is that under Beran’s construction of liberalism, individuals are the authors of their own lives and they are free to make their own life-plans.
Webb argues that if the State is able to enhance the ability of individuals to live their lives according to their own beliefs via the enforcement of these abovementioned individual rights, ‘why, from a liberal point of view, should it matter who governs us or what state we live in, so long as that state is a liberal one?’97 Ergo, if a State is liberal, then no community would have a just reason to want to secede, other than social injustice, which will not occur in a liberal State.98 He makes a valid point;
however, with regards to Cyprus, the so-called liberal 1960 RoC is proof that this argument does not work in practice and therefore, it makes no sense to re-try an already failed marriage on the island where liberalism was nothing but an ideology.
It is understandable that a group should only be allowed to secede if, and only if, they live in an illiberal State; but what if the State that claims to be liberal and appears to be liberal from the outside is in fact illiberal in the eyes of those individuals who wish to secede? This is when Beran’s democratic theory of self-determination becomes applicable; he argues in favour of a right to secede from liberal States. What matters is not the character of the State from which the community wishes to secede, but that a majority of the said group want secession.
Indeed, it cannot be denied that an individual’s ability to live a good life is to a certain extent dependent upon the laws and policies of the State within which they live. However, it is evident that a State will not be able to fully satisfy all of the competing demands of all of the different communities which form its citizenry; for this reason, if a community feels utterly dissatisfied with what the State provides,
95 Will Kymlicka, Multicultural Citizenship (Clarendon Press 1995) 80-81.
96 Dowding (n 18).
97 Webb (n 89) 376.
98 Dowding (n 18) 71-72.
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then the best option is for that community to go its own way or join a State which offers the sustenance and understanding it desires.99
Lehning claims that there is a resurgence of secessionist movements. ‘In Europe, for instance, they highlight the question of further European unification and may even enhance the formation of a genuine European Union.’100 The EU needs to legally and politically respond to the secessionist renaissance, especially since there are secessionist movements within the borders of the current Union. Therefore, it would be an utter mistake for the EU to dismiss the idea and ignore its demand as it will harm the future of a united Europe. There is a revival of nationalism and more and more communities within Europe and the Union are seeking sovereign status and challenging their State’s idea of what its boundaries are.101