Determining Boundaries in a Conflicted World: The Role of Uti Possidetis

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McGill-Queen's Press - MQUP, Dec 6, 2002 - Law - 347 pages
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In 1992, when Yugoslavia was on the point of disintegration, the Badinter Commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis: the internal boundaries dividing the former Yugoslav Republics should automatically become the international boundaries of the new states. Elated by what seemed a clear and workable solution to an impossible problem, the international community proceeded to impose the "binding" principle of uti possidetis on all the parties involved. Relying on the Badinter interpretation of uti possidetis, five experts in international law have assured the Quebec government that in the event of separation from Canada, Quebec could assume legal entitlement under international law of its existing boundaries. In Determining Boundaries in a Conflicted World Suzanne Lalonde examines the origins of the uti possidetis principle, its evolution and colonial roots as well as more recent applications, to determine whether it merits the overriding importance now attributed to it.
  

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Contents

Introduction
3
The Origins of Uti Possidetis
10
Uti Possidetis in Latin America
24
Post1918 Europe and the Near East
61
Africa
103
The Doctrine on the Stability of Boundaries
138
Yugoslavia and Quebec
172
Conclusion
230
Latin America Constitutions and Treaties Consulted
241
The Aland Islands
251
Ottoman Administrative Divisions
252
The Semakh Triangle
253
Notes
255
Bibliography
319
Index
341
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Universite de Montreal

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