Mirzayev F.S. —
Implementation of the principle of uti possidetis in the context of USSR's disintegration
// Law and Politics. – 2017. – ¹ 8.
– P. 12 - 23.
DOI: 10.7256/2454-0706.2017.8.43086
URL: https://en.e-notabene.ru/lamag/article_43086.html
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Abstract: The subject of this article is the principle of uti possidetis, which stems from the Roman civil law and later transformed into the principle of international law. Special attention is given to the analysis of international legal assessment of the grounds for implementation of the aforementioned principle towards disintegration process of the Union of Soviet Socialist Republics (USSR). The article provides a legal analysis of the crucial aspects of Soviet legislation, as well as multilateral treaties adopted by the former Soviet republics within the framework of the Commonwealth of Independent States (CIS). The main conclusion of this work lies in the statement that upon disintegration of the Soviet Union, the international legal principle of uti possidetis has been applied for determining the borders of the former Soviet republics, which allowed transforming the previous administrative boundaries into the international borders of the newly formed independent states.
Mirzayev F.S. —
Evolution of uti possidetis as a principle of international law
// International Law. – 2017. – ¹ 3.
– P. 45 - 54.
DOI: 10.25136/2644-5514.2017.3.23792
URL: https://en.e-notabene.ru/wl/article_23792.html
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Abstract: The subject of this research is the principle of uti possidetis, which takes its roots from the Roman civil law. Special attention is given to the establishment of uti possidetis as a principle of international law that regulates the questions of territorial sovereignty. The object of this research is the effective implementation of the principle in various continents. Of great importance in this work is the practice of countries and international judicial bodies, including the International Court of the United Nations and diverse specialized international organizations. The main conclusion lies in consolidation of the principle of uti possidetis as a principle of international law influenced by the practice of states and application by the international judicial bodies. Author’s special contribution consists in introducing the analysis of doctrinal views and practice of implementation of uti possidetis within the Russian-language publication.
Mirzayev F.S. —
Application of the principle of uti possidetis in the context of collapse of the Socialist Federative Republic of Yugoslavia (SFRY)
// International Law and International Organizations. – 2017. – ¹ 3.
– P. 25 - 35.
DOI: 10.7256/2454-0633.2017.3.23797
URL: https://en.e-notabene.ru/mpmag/article_23797.html
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Abstract: This article examines the principle of uti possidetis that originates from the Roman civil law and has transformed into the general principle of international law under the influence of practice of the states, international judicial bodies, and specialized international arbitration courts. The author reviews the fundamental role of the principle pertaining to the case of disintegration of the Socialist Federative Republic of Yugoslavia (SFRY): acknowledgement and retaining of domestic borders – former territorial units of the erstwhile state, and their transformation into the international boundaries of the newly formed sovereign nations. Special attention is given to the work of Badinter Commission established by the European Union for settling various legal issues within the framework of disintegration of the Socialist Yugoslavian State, including the boundary and territorial disputes and conflicts in the process.