This thesis examines the dissolution of Yugoslavia during 1991-2 and the involvement of a legal commission, known as the Badinter Arbitration Commission, in this process. This Commission was an ad hoc legal organ which was created for the purpose of assisting in the peaceful resolution of the conflict which erupted in Yugoslavia during the latter years of the Cold War and continued throughout the post-Cold war period. Whether it can truly be described as having been fully resolved remains to be seen. The thesis describes international events leading to the end of the Cold War, domestic events leading to Yugoslavia's dissolution and institutional responses leading to the creation of the Commission. The Commission's jurisprudence is analysed, with particular focus on the Commission's advice relating to issues surrounding the dissolution process. Having been mandated to operate in a civil conflict at a time of great turbulence in contemporary international relations, one cannot ignore certain issues of wider interest. Fundamentally, one must question whether Yugoslavia represents an international legal anomaly or evidences changes in international law and threats to international peace and security. One must seek to draw lessons from the way in which the Yugoslav conflict arose and the way in which a peaceful-settlement was sought if international law's current responses are to be assessed.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:367242 |
| Date | January 1998 |
| Creators | Terrett, Stephen Terence |
| Publisher | University of Liverpool |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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