The Dissolution Of Yugoslavia And The Badinter Arbitration Commission

Author : Steve Terrett
Publisher : Routledge
Page : 369 pages
File Size : 49,6 Mb
Release : 2017-11-22
Category : Law
ISBN : 9781351762861

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The Dissolution of Yugoslavia and the Badinter Arbitration Commission by Steve Terrett Pdf

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.

Author : Peter Radan
Publisher : Routledge
Page : 562 pages
File Size : 49,9 Mb
Release : 2004-01-14
Category : Political Science
ISBN : 9781134525454

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The Break-up of Yugoslavia and International Law by Peter Radan Pdf

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.

Author : Snezana Trifunovska
Publisher : Martinus Nijhoff Publishers
Page : 1102 pages
File Size : 53,8 Mb
Release : 2023-07-03
Category : Political Science
ISBN : 9789004638952

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Yugoslavia Through Documents by Snezana Trifunovska Pdf

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.

Author : Enver Hasani
Publisher : Unknown
Page : 134 pages
File Size : 50,7 Mb
Release : 2000
Category : Albanians
ISBN : STANFORD:36105073402914

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The Dissolution of Yugoslavia and the Case of Kosova by Enver Hasani Pdf

Author : Bridget Coggins
Publisher : Cambridge University Press
Page : 281 pages
File Size : 45,6 Mb
Release : 2014-04-24
Category : History
ISBN : 9781107047358

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Power Politics and State Formation in the Twentieth Century by Bridget Coggins Pdf

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.

Author : Dimitry Kochenov,Fabian Amtenbrink
Publisher : Cambridge University Press
Page : 399 pages
File Size : 52,7 Mb
Release : 2014
Category : Law
ISBN : 9781107033337

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The European Union's Shaping of the International Legal Order by Dimitry Kochenov,Fabian Amtenbrink Pdf

This book offers a new approach to the study of EU law of external relations.

Author : Mikulas Fabry
Publisher : OUP Oxford
Page : 272 pages
File Size : 47,7 Mb
Release : 2010-02-25
Category : Political Science
ISBN : 9780191609855

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Recognizing States by Mikulas Fabry Pdf

This book examines recognition of new states, the practice historically employed to regulate membership in international society. The last twenty years have witnessed new or lingering demands for statehood in different areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Georgia and East Timor, have achieved general recognition; those of others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and Somaliland, have not. However, even as most of these claims gave rise to major conflicts and international controversies, the criteria for acknowledgment of new states have elicited little systematic scholarship. Drawing upon writings of English School theorists, this study charts the practice from the late eighteenth century until the present. Its central argument is that for the past two hundred years state recognition has been tied to the idea of self-determination of peoples. Two versions of the idea have underpinned the practice throughout most of this period - self-determination as a negative and a positive right. The negative idea, dominant from 1815 to 1950, took state recognition to be acknowledgment of an achievement of de facto statehood by a people desiring independence. Self-determination was expressed through, and externally gauged by, self-attainment. The positive idea, prevalent since the 1950s, took state recognition to be acknowledgment of an entitlement to independence in international law. The development of self-determination as a positive international right, however, has not led to a disappearance of claims of statehood that stand outside of its confines. Groups that are deeply dissatisfied with the countries in which they presently find themselves continue to make demands for independence even though they may have no positive entitlement to it. The book concludes by expressing doubt that contemporary international society can find a sustainable basis for recognizing new states other than the original standard of de facto statehood.

Author : Ralph Wilde
Publisher : Oxford University Press
Page : 641 pages
File Size : 44,7 Mb
Release : 2010-09-30
Category : Language Arts & Disciplines
ISBN : 9780199577897

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International Territorial Administration by Ralph Wilde Pdf

This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

Author : James Summers
Publisher : Martinus Nijhoff Publishers
Page : 513 pages
File Size : 45,9 Mb
Release : 2007-08-13
Category : Law
ISBN : 9789004154919

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Peoples and International Law by James Summers Pdf

Peoples and International Law is the most comprehensive current account of the right of self-determination in international law. The book examines the law of self-determination as the product of the interaction between nationalism and international law. This broad and interdisciplinary work charts this interaction through different aspects of the legal process – in international instruments, judicial decisions, legal obligations and historical context – critically and in extensive detail. The book is essential reading for those with an interest both in peoples’ rights in international law and the study of nationalism.

Author : Miodrag Jovanović,Kristin Henrard
Publisher : Eleven International Publishing
Page : 209 pages
File Size : 52,9 Mb
Release : 2008
Category : Multiculturalism
ISBN : 9789077596531

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Sovereignty and Diversity by Miodrag Jovanović,Kristin Henrard Pdf

Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a broader liberal-democratic doctrine, this book sets out plausible strategies to cope with the problems that evolve from this issue. Sovereignty and Diversity is divided into three parts. In Part I, various normative theories of secession are evaluated both in relation to philosophy and to political science. Furthermore, the value and possible role of the uti possidetis principle is discussed. Part II addresses the value of various other methods to accommodate population diversity as means to solve disputes over sovereignty - namely multiculturalism, federalism, and decentralization, as well as minority rights. Finally, Part III groups together three case studies - the first two dealing with the secession and partition theme, while the last one shows the potential of other, less controversial means to address tensions about sovereignty. This volume is a collection of updated papers presented at the University of Belgrade in July 2005, at the international conference "Legal and Political Solution to Disputes over Sovereignty - From Kosovo to Quebec."

Author : Hurst Hannum,Eileen Babbitt
Publisher : Lexington Books
Page : 180 pages
File Size : 48,5 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : 0739114336

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Negotiating Self-determination by Hurst Hannum,Eileen Babbitt Pdf

Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.

Author : Richard Caplan
Publisher : Cambridge University Press
Page : 241 pages
File Size : 52,7 Mb
Release : 2005-09-01
Category : Political Science
ISBN : 9781139445511

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Europe and the Recognition of New States in Yugoslavia by Richard Caplan Pdf

Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.

Author : Bart Van Vooren,Steven Blockmans,Jan Wouters
Publisher : Oxford University Press
Page : 378 pages
File Size : 47,5 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780199659654

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The EU's Role in Global Governance by Bart Van Vooren,Steven Blockmans,Jan Wouters Pdf

The rise to power of such countries as China and Brazil, as well as the EU sovereign debt crisis, have deeply affected the capacity of the EU to influence global realities. This book brings together prominent legal scholars and practitioners to investigate the extent to which the EU can shape this on-going re-orientation of the international scene.

Author : Othon Anastasakis,Adam Bennett,David Madden,Adis Merdzanovic
Publisher : Bloomsbury Publishing
Page : 241 pages
File Size : 41,7 Mb
Release : 2020-06-25
Category : Political Science
ISBN : 9781788317979

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The Legacy of Yugoslavia by Othon Anastasakis,Adam Bennett,David Madden,Adis Merdzanovic Pdf

What are the consequences of Yugoslavia's existence – and breakup – for the present? This book reflects on this very question, identifying and analysing the political legacies left behind by Yugoslavia through the prism of continuities and ruptures between the past and present of the area. After the collapse of Yugoslavia, it's former states adopted a nation-building process which opted to eradicate the past as such an approach seemed more convenient for the new national projects. The new states adopted new institutions, new market-oriented economic paradigms and new national symbols. Yugoslavia existed for 70 years and to consider the current political situation in post-Yugoslav states such as Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, North Macedonia, and Kosovo without taking into account the legacy and remnants of Yugoslavia is to discount a vital part of their political history. This volume takes a multi-disciplinary and multi-faceted approach to examining the legacy of Yugoslavia, covering politics, society, international relations and economics. Focusing on distinctive features of Yugoslavia including worker self-management, the combination of liberalism and communism and the Cold War policy of Non-Alignment, The Legacy of Yugoslavia places Yugoslavia in historical perspective and connects the region's past with its contemporary political situation.

Author : Robert J. Donia
Publisher : Cambridge University Press
Page : 357 pages
File Size : 43,7 Mb
Release : 2014-09-29
Category : Biography & Autobiography
ISBN : 9781107073357

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Radovan Karadzic by Robert J. Donia Pdf

This book traces Radovan Karadžić's personal transformation from an unremarkable family man to the powerful leader of the Bosnian Serb nationalists. Based on previously unused documents and trial transcripts, this book argues that postcommunist democracy was a primary enabler of mass atrocities because it provided the means to mobilize large numbers of Bosnian Serbs for the campaign to eliminate non-Serbs from conquered land.