Pregledni rad

https://doi.org/10.32728/studpol/2017.06.01.03

The Right to Self-determination in the Light of International Legal Issues and the Dissolution of Yugoslavia

Bartul Marušić ; Hrvatski plemićki zbor, Zagreb

Sažetak

The right to self-determination of peoples is one of the most
controversial concepts in public international law. Also, this concept is not
only legal, but also philosophical, and also pertains to political science,
sociology and entails various issues and repercussions. Therefore, its analysis
should be approached in detail, gradually and with an interdisciplinary
approach in order to comprehend the various important aspects of the
concept that leads toward the answer to the following question - Is the self-
determination of peoples a principle or a right and what else in involved
here? Is this right jus cogens de facto and de jure or is it conditioned by the
organic other rules of contemporary international order? This primarily
refers to the cogent ban of breaching the territorial integrity of existing
states and jeopardizing international peace and stability as proclaimed in the
Charter of the United Nations. This entails a consideration of the principle
of uti possidetis and its roots, as well as secession, the most common
consequence of the affirmative exercising of the right to self-determination
of peoples. Also on the continuation and dissolution of states, mostly
federal, which is necessary for an analysis whether or not there are any
material differences in relation to secession, which is also neither permitted
nor prohibited. The author here will interpret our closest known case (one
still recent) the breakup of the former Yugoslavia, which was a modern
precedent for a federal state and has reverberation in current events like
those in the Ukraine. In order to have a more complete impression of law,
policy and various interests will also make mention of the constitutionality
of peoples, minorities and their rights through a variety of documents
and the opinions of scholars and also concepts concerning the nation
and state recognition. There is no consensus whether it is a constitutive
or declaratory act by third countries and the international community. In
order to avoid a worst case scenario, the acceptance of the legal “status quo”,
it should be openly debated in order to avoid political and public diversions
or distractions that hide interests which are either contrary to the spirit
of the United Nations or, on the other hand, legitimately opposed to each
other.

Ključne riječi

the right to self-determination of people; the dissolution of Yugoslavia; uti possidetis; secession; political philosophy

Hrčak ID:

198583

URI

https://hrcak.srce.hr/198583

Datum izdavanja:

28.3.2018.

Podaci na drugim jezicima: hrvatski talijanski

Posjeta: 7.582 *