Original scientific paper
NON-CONSENSUAL STATE DISSOLUTION IN INTERNATIONAL LAW: THE BADINTER INNOVATION IN RETROSPECT
Brad R. Roth
orcid.org/0000-0002-3572-0310
; Wayne State University, Detroit, USA
Abstract
What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the International order – taking direction from the Badinter Commission – reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects.
Keywords
Self-Determination; Secession; Badinter Commission; International Law; Non-Consensual State Dissolution
Hrčak ID:
141087
URI
Publication date:
10.7.2015.
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