WHOSE IS WHAT, OR: TERRITORIAL RIGHTS “IN THESE LANDS”

Original scientific paper

Zoran Oklopčić ; Carleton University, Ottawa, Canada

Fulltext: pdf (374 KB), Croatian, Pages 111 – 140

Abstracts
The article problematizes dominant understandings of moral rights to territory and rejects the claim that the legitimacy of independence of the former Yugoslav republics can be grounded in the right of their peoples to self-determination, either within ethnic or then-existing administrative boundaries. Instead, the most promising normative justification for a decision to recognize Yugoslav republics as independent states follows from a particular interpretation of the all-affected interests principle in democratic theory, which leads to a radical reconceptualization of the idea of the people, “its” territory, and the legitimate role of the inter national community.

Keywords
Self-Determination of Peoples; Moral Right to Territory; Uti Possidetis; Historical Pedigree; Sovereignty of Peoples; “All-Affected” Principle