The Dissolution of Yugoslavia and the Badinter Arbitration Commission

The Dissolution of Yugoslavia and the Badinter Arbitration Commission
Author: Steve Terrett
Publisher: Routledge
Total Pages: 369
Release: 2017-11-22
Genre: Law
ISBN: 1351762869

This title was first published in 2000: Yugoslavia’s dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law’s response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia’s dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia’s constitution, the Commission soon faced problems of public international law. Its’ jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.

The Break-up of Yugoslavia and International Law

The Break-up of Yugoslavia and International Law
Author: Peter Radan
Publisher: Routledge
Total Pages: 562
Release: 2004-01-14
Genre: Political Science
ISBN: 1134525451

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.

Yugoslavia Through Documents

Yugoslavia Through Documents
Author: Snezana Trifunovska
Publisher: Martinus Nijhoff Publishers
Total Pages: 1102
Release: 2023-07-03
Genre: Political Science
ISBN: 9004638954

This book contains more than 360 documents relevant to the international legal position of the Yugoslav territories in the 19th century, the creation of Yugoslavia as a common state of the Serbs, Croats and Slovenes, 1918, its constitutional development, and the process of dissolution of Yugoslavia and the creation of the new states of Slovenia, Croatia, Bosnia and Herzegovina, Macedonia and the Federal Republic of Yugoslavia. It includes documents from the beginning of the 19th century showing the international legal position of the Yugoslav territories under the Austro-Hungarian and Ottoman Empires, the independence of Serbia and Montenegro, recognized by the Treaty of Berlin, 1878, and the major events in the history of the creation of Yugoslavia as a joint state of the Serbs, Croats and Slovenes, in 1918, concerning both its international position and its constitutional organization. The process of the dissolution of the Socialist Federal Republic of Yugoslavia (covering the period from 1990 to September 1, 1993) is presented through reproduced documents of international organizations (United Nations, European Community, Western European Union, Organization of Islamic Conference, etc.), of the different conferences and forums (CSCE, Group of Seven, etc.) and documents issued by Yugoslav organs and the organs of new states of the former Yugoslavia. The book also includes documents of a constitutional nature concerning the creation of the new states of Slovenia, Croatia, Macedonia and the Federal Republic of Yugoslavia. It provides researchers in the field of international law, political science of history with documentary information involving international legal and constitutional aspects relating to Yugoslavia.

The Yugoslav Crisis in International Law

The Yugoslav Crisis in International Law
Author: Daniel Bethlehem
Publisher: Cambridge University Press
Total Pages: 0
Release: 1997-07-28
Genre: Law
ISBN: 9780521463041

This book covers the declarations of independence by Croatia and Slovenia and the response thereto by the former central authorities in Belgrade; the attempts by the European Community, the CSCE and the UN to terminate the conflicts, the Carrington peace conference and the associated Badinter Arbitration Commission, together with the rulings of the Commission and some of the submissions of the parties to it.

Power Politics and State Formation in the Twentieth Century

Power Politics and State Formation in the Twentieth Century
Author: Bridget Coggins
Publisher: Cambridge University Press
Total Pages: 281
Release: 2014-04-24
Genre: History
ISBN: 1107047358

From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

The Kosovo Report

The Kosovo Report
Author: Independent International Commission on Kosovo
Publisher: Oxford University Press
Total Pages: 380
Release: 2000-10-19
Genre: History
ISBN: 0199243093

The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.

A Legal Geography of Yugoslavia's Disintegration

A Legal Geography of Yugoslavia's Disintegration
Author: Ana S. Trbovich
Publisher: Oxford University Press
Total Pages: 537
Release: 2008-02-05
Genre: History
ISBN: 0195333438

The author explains the violent break-up of the former Yugoslavia in the early 1990s in the context of two legal principles - sovereignty and the self-determination of peoples. She also offers an analysis of Kosovo's future status, international recognition of secession, implications for other conflicts, and much more.

Recognition in International Law

Recognition in International Law
Author: Hersch Lauterpacht
Publisher: Cambridge University Press
Total Pages: 505
Release: 2012-11
Genre: Law
ISBN: 1107609437

Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.