Unresolved border issues between Serbia and Successor States of the Former Yugoslavia

Dimitrijević, Duško (2016) Unresolved border issues between Serbia and Successor States of the Former Yugoslavia. Srpska nauka danas = Serbian Science Today, 1 (3). pp. 369-382. ISSN 2466-4189

Text 1.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (638kB)

Abstract

In this study, the author analyzes the consequences of the principle of uti possidetis in relation to the delimitation between Serbia and successor States of Former Yugoslavia. The author believes that the unresolved border issues mainly caused by the opinion of the so called Badinter Arbitration Commission, according to which the internal administrative borders between the Yugoslav republics, despite its obvious legal inconsistencies, declared for international borders on the basis of principle uti possidetis. The justification for such an opinion of the Arbitration Commission is found in the broader interpretation of the judgment of the International Court of Justice regarding the delimitation of Burkina Faso and Mali. However, this case cannot be compared with the “Yugoslav case”, because the “Yugoslav case” caused far more complex consequences in relation to the consequences that arose during the emergence of new independent African States in the process of decolonization. This conclusion is also indicated by the author himself, who is investigating the possibilities of international legal regulation of all outstanding border issues.

Actions (login required)

View Item