scholarly journals Why Serbia is asked to recognize Kosovo with comparative examples of Bangladesh and Turkish Republic of Northern Cyprus

2014 ◽  
pp. 991-1000
Author(s):  
Dejan Mirovic
Keyword(s):  
International Law ◽  
World Bank ◽  
Foreign Debt ◽  
Great Powers ◽  
Self Determination ◽  
Turkish Republic ◽  
Independent State ◽  
Territorial Integrity ◽  
Public International Law ◽  
Northern Cyprus

In the context of public international law and relations between principles of territorial integrity and right to self-determination, independence of Kosovo will never be legal if it is not recognized by Serbia. This can be concluded from the examples of violent secession of Bangladesh and Turkish Republic of Northern Cyprus. That is why Serbia still has a right to decide about the independence of Kosovo and Metohija despite signing Brussels Agreement and the fact that 100 UN member states recognized Kosovo as an independent state. Forty years after the secession of northern part of the island, Nicosia has not recognized Turkish republic of Northern Cyprus, which caused that this secessionist creation does not become a member of the UN. Its independence is not full from the perspective of international law, and this fact that cannot be disputed in spite of the factual occupation of the northern part of island by Turkey. On the other side, Pakistan recognized the independence of Bangladesh and forever lost half of its population and state territory. In return, half of its foreign debt was written off, 90,000 prisoners were released and 13,000 square kilometers of territory in western part of Pakistan, controlled by India, were returned. However, no one is offering anything similar to Serbia to recognize the independence of Kosovo. Debts of Kosovo towards IMF and World Bank are paid by Serbia. In addition, if Serbia recognized the independence of Kosovo, Serbia would lose about 100,000 Serbs living on that territory and about 1,200 square kilometers of territory in the northern part of Kosovo which is not controlled by Pristina. In that context, it is clear that principles of territorial integrity are still stronger in international law then right to self-determination. Postmodernist theories have a goal to hide that fact. Key of the independence of so-called ?Kosovo? is still in hands of Belgrade. That is why there are so many persistent attempts and strong pressures from the West to recognize the independence of ?Kosovo?. Example of Cyprus shows how to resist those attempts within the framework of public international law (by applying the principles of territorial integrity). However, if in the future Serbia chooses the same approach as Pakistan in the case of Bangladesh, Kosovo will be lost forever. At that moment, it would be clear that the relations of great powers in the world have changed.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

Ethno-Separatism and its Prospects

2011 ◽  
pp. 32-42
Author(s):  
O. Bolotnikova
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Former Soviet Union ◽  
Western Europe ◽  
Self Determination ◽  
Ethnic Conflicts ◽  
Territorial Integrity

The author explores the phenomenon of today's ethnic conflicts which are less frequently turning into the wars between states. The author uses the cases of the countries of former Soviet Union, Western Europe, Africa in order to examine important aspects of the ethnic conflicts settlement. It is concluded that the heart of the problems is the correlation between two fundamental principles of the international law (usually regarded as antagonists in terms of the settlement of such conflicts). Namely, these are the principle of states’ territorial integrity and the principle of peoples’ right to self-determination.

The Annexation of Crimea and International Law: Review of Thomas D Grant's Aggression Against Ukraine: Territory, Responsibility and International Law

2017 ◽  
Vol 50 (2) ◽  
pp. 211-225 ◽  
Author(s):  
Natalia Cwicinskaja
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Issues ◽  
Self Determination ◽  
Territorial Integrity

Thomas D Grant's Aggression Against Ukraine: Territory, Responsibility and International Law (Palgrave Macmillan 2015) is the first book which offers a careful, meticulous examination of all aspects of Russia's involvement in Crimea in 2014 in terms of international law, as well as of both Russian and Ukrainian municipal legal orders. It covers probably the widest possible spectrum of legal issues connected with Russia's involvement in Crimea and provides a comprehensive, analytical overview of relevant modern rules of international law in the field of territorial integrity, self-determination and use of force.

scholarly journals Transforming (Private) Rights through (Public) International Law: Readings on a ‘Strange and Painful Odyssey’ in the PCIJ Mavrommatis Case

2011 ◽  
Vol 24 (4) ◽  
pp. 873-897 ◽  
Author(s):  
MICHELLE BURGIS
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Self Determination ◽  
Public And Private ◽  
Public International Law ◽  
The Core ◽  
Private Rights ◽  
The Relationship ◽  
Historical Consideration

AbstractStraddling both the centres of (European) power and the shifting dynamics of the post-Ottoman world in a quest to guarantee private rights through public international legal redress, the PCIJ Mavrommatis case provides a rich resource for interrogating the extent to which international law during the League period could speak for voices on the edge of empire. In this article, historical consideration of the regimes of empire and Mandate form the backdrop to an exploration into how international legal discourse (re)configured the relationship between the core and the periphery, especially for those peoples awaiting the promise of self-determination and sovereignty. The figure of a lone Greek investor and his dashed hopes in the newly created Palestine Mandate is the backdrop to this tail of ever-shifting interpretations of public and private rights, of speech as well as silence before and beyond the Peace Palace.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

The Nomos and the Gaze

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
International Law ◽  
Popular Sovereignty ◽  
Self Determination ◽  
National Sovereignty ◽  
Territorial Integrity ◽  
Political Autonomy ◽  
The Gaze ◽  
Main Factors ◽  
The Right

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers interpret the national sovereignty, territorial integrity, and political autonomy of everyone else. After having proposed a number of new ways of looking at the claims of the right to self-determination, Chapter 6 ends on a sobering note: as long as jurists remain preoccupied with their own disciplinary self-determination and ‘linguistic’ purity, they will continue reproducing the flat, monochromatic, and vacuous imaginary of popular sovereignty.

scholarly journals Facts, Evidence and the Burden of Proof in the World Bank Group Sanctions System

2020 ◽  
Vol 23 (3) ◽  
pp. 685-702
Author(s):  
Joachim Åhman
Keyword(s):  
International Law ◽  
World Bank ◽  
Burden Of Proof ◽  
World Bank Group ◽  
Public International Law ◽  
Procedural Law ◽  
The World Bank ◽  
The World ◽  
Bank Group

ABSTRACT The large and growing number of international judicial and quasi-judicial bodies has made international procedural law an important part of public international law. This article examines how procedural rules of a certain type—provisions related to facts, evidence, and the burden of proof—have been designed in the World Bank Group Sanctions System. The main conclusion is that such rules play a central role, and that considerable efforts have been made during the last two decades to develop a well-functioning body of procedural provisions. However, the article also argues that certain parts of the system could be developed further, in order to make it as clear as possible what is expected from the different actors in the proceedings.

Independence or Autonomy: The Right to Self-Determination in the Enclave of Cabinda

1970 ◽  
Vol 1 ◽  
Author(s):  
Charles Ian Denhez
Keyword(s):  
International Law ◽  
Self Determination ◽  
Independent State ◽  
Economic Changes ◽  
Foreign Companies ◽  
Full Independence ◽  
Legal Arguments ◽  
Oil Wealth ◽  
Legal Concepts ◽  
The Right

For decades, armed groups in the Angolan enclave of Cabinda have been attempting to overthrow the Angolan government and establish an independent state. However, since their military struggle has not succeeded, what, if any, basis for secession can Cabinda claim under international law? This article argues that while Cabindan nationalists can draw upon a number of effective legal arguments justifying independence, the enclave ultimately has a better claim not to full independence, but rather to autonomy within Angola. This is demonstrated by considering and refuting three major legal arguments used by proponents of Cabindan independence. After a brief review of the relevant legal concepts and Cabindan history, the first argument to be examined is that Cabinda’s distinct historical status voids Angola’s uti possidetis claim to Cabinda. Following this will be a review of the claim that political abuses and the denial to the Cabindan people of a plebiscite on independence grant Cabinda the right to ‘external’ self-determination. The final argument to be examined is that the scale of the misappropriation of Cabinda’s oil wealth by Angola and foreign companies justifies independence, given the enclave’s present lack of economic self-determination. The article ultimately concludes that although Cabinda had a stronger case for secession during the Angolan civil war, recent political and economic changes have weakened Cabinda’s claims under international law.

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