Original scientific paper Brad R. Roth ; Wayne State University, Detroit,

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USA Fulltext: pdf (355 KB), Croatian, Pages 48 – 78

Abstracts What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the International order – taking direction from the Badinter Commission – reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects.

Keywords Self-Determination; Secession; Badinter Commission; International Law; Non-Consensual State Dissolution