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

By Peter Radan

The dying of the previous Yugoslavia was once caused by means of a variety of secessionist pursuits looking foreign attractiveness of statehood. This e-book presents a serious research from a global legislations 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 pursuits that sought a revision of present inner federal borders have been rejected. the root upon which the post-secession overseas borders have been permitted in foreign legislations concerned novel purposes of overseas legislations ideas of self-determination of peoples and uti possidetis. This publication lines the advancements of those ideas, and the ancient improvement of Yugoslavia's inner borders.

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It must be noted that the right to secede from a state on the romantic theory of self-determination is only a prima facie right. 55 Even though recognition of statehood by member states of the international community is usually as much a political question as it is a legal one, non-compliance with the provisions of Article 1 will generally result 53 Self-determination was the basis of decolonisation in Africa and Asia in the wake of World War II. Many of the new African leaders asserted that with independence the right to self-determination had expired.

21 19 Heater, note 12, pp. 78–9. 20 S. N. Lalonde, ‘Uti Possidetis and Internal Administrative Borders’, unpublished doctoral dissertation, University of Cambridge, 1997, pp. 65–6. 21 Report of the International Commission of Jurists (1920) LNOJ Spec. Supp. 3, p. 5. A similar view was taken by the Commission of Rapporteurs in their report on the Aaland Islands dispute: The Aaland Islands Question: Report Submitted to the Council of the League of Nations by the Commission of Rapporteurs (1921) League Doc.

This was confirmed by the resolution of the dispute between Finland and Sweden over the Aaland Islands in the years following World War I. In the Aaland Islands dispute the Swedish population of the islands sought unification with Sweden after the collapse of the Russian Provisional government in October 1917, on the basis of an overwhelming referendum vote to that effect on 31 December 1917. Prior to that date the islands had been part of the Grand Duchy of Finland within Tsarist Russia. With the collapse of the Russian Provisional government, Finland declared its independence, claiming the Aaland Islands as part of its territory.

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