The Referendum System From The Perspective Of International Law

Since 2016,because of the Brexit event the referendum has attracted global attention again.Referendum,also known as national vote or plebiscite,has become an important way to decide major issues of some sovereign states,change their international status and vary rights and obligations,which is viewed as one of the forms of contemporary democratic politics.After its birth,the referendum based on the national self-determination has gradually developed into a complete set of systems after the tests of theories and practices of international law.Since the 20 th century,with the establishment and perfection of the National self-determination Theory,the referendum system was also gradually recognized and accepted by people.Especially after the end of the WWII,the referendum system played an irreplaceable role in the process of colonial countries' struggle for national independence and liberation,and promoted the establishment of modern national sovereign states.In recent years,there are some regions and ethnic groups within sovereign states attempting to split the country under the name of referendum,and some western countries have also attempted to intervene in others' internal affairs through referendum.This is not only a serious violation of the sovereignty and independence of other countries,but also a utilization to the referendum as a tool of political game,which finally causes damage to international law and international social order.So It is worth considering where the referendum under international law should go.This article has five parts focusing on the referendum from the perspective of international law.The first part is about the generation and development of the theory of referendum,then the second part analyzes the basis,generation and classification of the referendum act.In the third part the article focuses on the effectiveness of the referendum act,while the fourth part is the problems and challenges faced by referendum now,and the final is advice presented by the author on the issues and challenges before.This paper thinks modern referendum activity is not a new theory or system.There are not only some commonalities in the international practices of the referendum,but also differences and questions at issue.Based on the historical development and the current overall practices of the referendum,the theoretical basis of the referendum will not change,nor will the legal validity of the referendum change greatly.On the other hand,with the progress of international law and the development of practices,the relevant detailed rules of referendum will be constantly enriched and developed.The international community should recognize referendum activities which conform to international law or domestic law,and unite to resist and condemn the acts of interfering in other countries' internal affairs,attempting to split the country and undermining the international law and order which are in the name of referendum,by which to prevent the referendum from being abused and uphold the basic order,peace and stability of the country and the international community.