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Vol 23 No 5 May/June 2018

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The Break-up of Yugoslavia and International Law

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ISBN13: 9780415253529
ISBN: 0415253527
Published: September 2001
Publisher: Taylor & Francis
Format: Hardback
Price: £110.00

The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis . This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders. It also charts the course of the various claims to secession within former Yugoslavia, and concludes that they provide no principled legal basis for holding that Yugoslavia's internal administrative borders should have become post-secession international borders. Within this central argument, the work covers several key issues in detail: The Meaning of 'People' The Uti Possi

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1. Introduction; 2. Nationalism and Self-Determination; 3. The 'Nation' as a 'People'; 4. The Principle of Uti Possidetis in Latin America; 5. The Principle of Uti Possidetis in Asia & Africa; 6. The National Question and Internal Administrative Borders in Yugoslavia 1918-1991; 7. The International Response to, and Course of, the Yugoslav Secessions; 8. The Badinter Commission: Secession, Self-Determination and Uti Possidetis; Conclusion