The Break-up of Yugoslavia and International Law

The Break-up of Yugoslavia and International Law PDF Author: Peter Radan
Publisher: Routledge
ISBN: 1134525451
Category : Political Science
Languages : en
Pages : 562

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Book Description
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.

The Break-up of Yugoslavia and International Law

The Break-up of Yugoslavia and International Law PDF Author: Peter Radan
Publisher: Routledge
ISBN: 1134525451
Category : Political Science
Languages : en
Pages : 562

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Book Description
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.

Europe and the Recognition of New States in Yugoslavia

Europe and the Recognition of New States in Yugoslavia PDF Author: Richard Caplan
Publisher: Cambridge University Press
ISBN: 1139445510
Category : Political Science
Languages : en
Pages : 241

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Book Description
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.

Regime Change in the Yugoslav Successor States

Regime Change in the Yugoslav Successor States PDF Author: Mieczysław P. Boduszyński
Publisher: JHU Press
ISBN: 0801899192
Category : Political Science
Languages : en
Pages : 359

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Book Description
In the 1990s, amid political upheaval and civil war, the Socialist Federal Republic of Yugoslavia dissolved into five successor states. The subsequent independence of Montenegro and Kosovo brought the total number to seven. Balkan scholar and diplomat to the region Mieczyslaw P. Boduszynski examines four of those states—Croatia, Slovenia, Macedonia, and the Federal Republic of Yugoslavia—and traces their divergent paths toward democracy and Euro-Atlantic integration over the past two decades. Boduszynski argues that regime change in the Yugoslav successor states was powerfully shaped by both internal and external forces: the economic conditions on the eve of independence and transition and the incentives offered by the European Union and other Western actors to encourage economic and political liberalization. He shows how these factors contributed to differing formulations of democracy in each state. The author engages with the vexing problems of creating and sustaining democracy when circumstances are not entirely supportive of the effort. He employs innovative concepts to measure the quality of and prospects for democracy in the Balkan region, arguing that procedural indicators of democratization do not adequately describe the stability of liberalism in post-communist states. This unique perspective on developments in the region provides relevant lessons for regime change in the larger post-communist world. Scholars, practitioners, and policymakers will find the book to be a compelling contribution to the study of comparative politics, democratization, and European integration.

Peace with Justice?

Peace with Justice? PDF Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354

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Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

State and Law

State and Law PDF Author: Ivo Lapenna
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 170

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Book Description


Serbian Nationalism and the Origins of the Yugoslav Crisis

Serbian Nationalism and the Origins of the Yugoslav Crisis PDF Author: Vesna Pešić
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 50

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Book Description


A Legal Geography of Yugoslavia's Disintegration

A Legal Geography of Yugoslavia's Disintegration PDF Author: Ana S. Trbovich
Publisher: Oxford University Press
ISBN: 0195333438
Category : History
Languages : en
Pages : 537

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Book Description
The author explains the violent break-up of the former Yugoslavia in the early 1990s in the context of two legal principles - sovereignty and the self-determination of peoples. She also offers an analysis of Kosovo's future status, international recognition of secession, implications for other conflicts, and much more.

The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy

The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy PDF Author: Rachel Kerr
Publisher: OUP Oxford
ISBN: 9780199263059
Category : Political Science
Languages : en
Pages : 248

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Book Description
On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law.The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunalwas established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, stateco-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and insteadenhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

Yugoslavia Through Documents

Yugoslavia Through Documents PDF Author: Snežana Trifunovska
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792326700
Category : Political Science
Languages : en
Pages : 1110

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Book Description
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.

The Law of the International Criminal Tribunal for the Former Yugoslavia

The Law of the International Criminal Tribunal for the Former Yugoslavia PDF Author: M. Cherif Bassiouni
Publisher:
ISBN:
Category : History
Languages : en
Pages : 1140

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Book Description
This thorough commentary on the International Criminal Tribunal for the Former Yugoslavia draws on legislative history, international and comparative law sources, and the Tribunal's Rules of Procedure and Evidence to analyze its workings, effectiveness, and significance in the development of international ciminal law. In addition to its penetrating commentary, the book provides an overview of the conflict of the former Yugoslavia, an article-by-article analysis of the Statute, and annotated texts of the Rules of Procedure, the Rules on Detention, and the Directives for the Assignment of Defence Counsel.