Dimitrijević, Duško (2017) The Yugoslav Case of State Succession and Delimitation between the Successor States. In: International Conference "Composite Materials, Ecology, Information Technology, Economics and Law": ELaSA-2017: proceedings. G. A. Krestov Institute of Solution Chemistry of Russian Academy of Sciences, Ivanovo, pp. 437-467. ISBN 978-5-905364-09-9
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After the dissolution of Socialist Federal Republic of Yugoslavia (SFRY), the territory of the State predecessor passes to the States successor on the basis of the pre-existing administrative boundaries. This consequence has resulted from political opportunism which led to the acceptance of the principle of uti possidetis that was initially applied at the regional level in Latin America, in the period which was associated with the political emancipation of the Spanish and Portuguese colonies and then, in the period after the World War II when, under the auspices of the United Nations principle was anticipated in the process of decolonization and gaining independence of the trust and non-self-governing territories. Despite the fact that this principle is given a universal meaning through extensive interpretation of the International Court of Justice in the dispute between Burkina Faso and Mali from 1986, its application in the Yugoslav succession case through the opinions of the Badinter Arbitration Commission remained legally incomplete. Thus, although the principle has a difficult task to produce new international recognized boundaries, this task has not been fully implemented because the principle itself is not able to replace the lack of a legal titles required for international legal delimitation between the successor States of the SFRY which are necessary prerequisites for the permanent preservation of territorial stability instead of current "frozen" territorial status quo that principle clearly caused. The author of this analysis just points to the fact that the emergence of new independent States in the process of decolonization and the emergence of new States in succession process of the SFRY which was the old subject of international law and one of the founding States of the United Nations, can not be legally comparable. Since the effectiveness of State power during and after independence of new States evaluates in the light of real events, which would, inter alia, confirm the existence of the law, it is clear that the case of succession of the SFRY caused a far more complex consequences in relation to the consequences that have arisen during the emancipation and decolonization process in regions of Latin America, Africa and Asia. According to the author's opinion, the application of this principle in the Yugoslav succession case has limited scope, because it can not preclude the application of other international legal titles and indicia of titles in the process of international legal delimitation of the successor States of the SFRY. In this sense, the principle of uti possidetis can be understood only in a retrospective historical context which per se entails the identification of all the relevant legal facts necessary for the determination of State borders.
| Item Type: | Book Chapter |
|---|---|
| Depositing User: | Ana Vukićević |
| Date Deposited: | 06 Aug 2026 12:38 |
| Last Modified: | 06 Aug 2026 12:38 |
| URI: | http://repozitorijum.diplomacy.bg.ac.rs/id/eprint/1777 |
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