Break-Up of Yugoslavia and International Law (Studies in by Peter Radan

By Peter Radan

The death of the previous Yugoslavia was once caused by way of a variety of secessionist activities looking overseas popularity of statehood. This booklet offers a severe research from a global legislation viewpoint of the break-up of Yugoslavia.Although foreign popularity was once granted to the previous Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist activities that sought a revision of current inner federal borders have been rejected. the foundation upon which the post-secession overseas borders have been accredited in foreign legislations concerned novel purposes of foreign legislations ideas of self-determination of peoples and uti possidetis. This publication strains the advancements of those ideas, and the old improvement of Yugoslavia's inner borders.

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Thus, the USSR, at the time the largest state in the world, proved to be non-viable by 1991, with its demise into fifteen new states corresponding to its former republics. The viability of Russia, now the largest state in the world and one of the new states emerging from the former USSR, is by no means guaranteed given the conflicts in some of its federal units, most notably in Chechnya. The continued viability of Canada, the second largest state in the world, is in question notwithstanding, and largely because of, the very slender vote against secession in late 1995 in the province of Quebec.

On British policy towards recognition of the Confederacy see W. K. Pattison, ‘The International Law of Recognition in Contemporary British Foreign Policy’, unpublished doctoral dissertation, University of Virginia, 1981, pp. 38–40. 61 H. Jones, ‘History and Mythology: The Crisis Over British Intervention in the Civil War’, in R. E. May, The Union, the Confederacy, and the Atlantic Rim, West Lafayette, Purdue University Press, 1995, p. 52. 62 In light of the above, the meaning of ‘people’ is the critical issue in any legal interpretation of the right of peoples to self-determination.

According to the classical theory of self-determination, secession from an internationally recognised state would be a logical impossibility. This is because a people, defined as the population of a state, already have a ‘sovereign and independent State’. However, this does not mean that this method of implementing the right of self-determination is rendered meaningless 51 General Assembly Resolution 2625 (XXV), 24 October 1970. This Resolution echoed the provisions of an earlier resolution on self-determination in the context of decolonisation, where the General Assembly declared that self-determination for colonial entities could be achieved by ‘(a) Emergence as a sovereign independent State; (b) Free association with an independent State; or (c) Integration with an independent State’: General Assembly Resolution 1541 (XV), Annex, Principle VI, 15 December 1960.

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