ARTICLE: POST-SECESSION INTERNATIONAL BORDERS: A CRITICAL ANALYSIS OF THE OPINIONS OF THE BADINTER ARBITRATION COMMISSION Skip over navigation
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Copyright (c) 2000 Melbourne University Law Review Association, Inc.
Melbourne University Law Review

ARTICLE: POST-SECESSION INTERNATIONAL BORDERS: A CRITICAL ANALYSIS OF THE OPINIONS OF THE BADINTER ARBITRATION COMMISSION

April, 2000

24 Melbourne U. L.R. 50

Author

PETER RADAN *

Excerpt

I INTRODUCTION

In what Allen Buchanan suggests is 'the age of secession' 1 the contemporary international environment is less threatened by conflicts between states than by the breakdown of order within states. Although historically secession has been the most conspicuous and most usual method of state creation, for most of the 20th century the creation of new states has been achieved more often with the consent of the former sovereign, particularly in cases of decolonisation. 2 However, following the end of the Cold War, the last decade of this century has seen the re-emergence of secession to the extent that states today are more concerned with internal rather than external threats to their security and territorial integrity. 3 In most of the contemporary secessionist conflicts the claim to statehood is based upon the right of peoples to self-determination. 4 The recent resurgence of secessionist conflict has attracted significant scholarly interest in secession and self-determination from political scientists, philosophers and lawyers. 5 This scholarly interest has focused primarily on issues such as the circumstances in which secession should be permitted and whether it can be justified on the principle of self-determination.

Another of the issues in any secessionist conflict is that of the borders of new states that may emerge as its result. In the case of the fragmentation of the Socialist Federal Republic of Yugoslavia ('SFRY'), the wars that have been fought on its territory since the early 1990s have been, to a large extent, over ...
 
 
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