A post-Cold War experience in self-determination and secessionism (the Yugoslav case)

Abstract

This study aims at analyzing the established normative structure towards the principle of self-determination of peoples and the of principle territorial integrity of states, and implications of the Yugoslav crisis to these concepts. The principle of self-determination has been applied with reference to decolonization. The dismemberment of colonical empties was legitimized but secession from a UN member state was not. The principle of territorial integrity were related to the prohibition of use of force againts the territorial integrity of a state by external and internal elements. Secessionist attemps are regarded as against the territorial integrity principle. The Yugoslav crisis has implied that frontiers can only be changed through negotiated settlement, if not the principle of uti possidetis applies to the case and international community have not yet been able to develop international law with a universal application to the question of which people qualifies for self-determination.