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

By Peter Radan

The dying of the previous Yugoslavia used to be led to via numerous secessionist routine looking foreign reputation of statehood. This publication presents a severe research from a world legislations viewpoint of the break-up of Yugoslavia.Although foreign popularity used to be granted to the previous Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist pursuits that sought a revision of latest inner federal borders have been rejected. the foundation upon which the post-secession overseas borders have been permitted in foreign legislations concerned novel purposes of overseas legislations rules of self-determination of peoples and uti possidetis. This e-book strains the advancements of those ideas, and the historic improvement of Yugoslavia's inner borders.

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7 R. Pipes, The Formation of the Soviet Union, Communism and Nationalism 1917–1923, revised edition, Cambridge, MA, Harvard University Press, 1997, pp. 44–5; B. J. Wells, ‘United Nations Decisions on Self-Determination’, unpublished doctoral dissertation, New York University, 1963, pp. 22–6. 26 The ‘nation’ as a ‘people’ strategy. To successfully gain control of Russia and its empire the Bolsheviks realised that they had to appeal to the oppressed nations. 8 In fact, Leninist theory failed the test of reality in its underestimation of the forces of nationalism.

A different kind of international law rule, one which included the principle of national self-determination, applied. The Commission of Jurists said of this transitional period: New aspirations of certain sectors of the nation, which are sometimes based on old traditions or on a common language and civilization, may come to the surface and produce effects which must be taken into account in the interests of the internal and external peace of nations. 23 The Commission of Jurists was careful to note that in such transitional periods: the principle that nations must have the right to self-determination is not the only one to be taken into account.

However, as McCorquodale has shown, ‘the right to self-determination did not cease once colonies ceased’: R. McCorquodale, ‘Self-Determination Beyond the Colonial Context and its Potential Impact in Africa’, African Journal of International and Comparative Law, 1992, vol. 4, pp. 601–8. In the Final Act of Helsinki of 1 August 1975, in Principle VIII of the part on Questions Relating to the Security of Europe, the right of self-determination is expressed to be exercisable by peoples ‘always’ and ‘when and as they wish’, making it clearly an ongoing right: (1975) 24 ILM 1292–325.

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