GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS

Abstract

INTRODUCTION. This paper considers the general principles of international law and focusing specifically on the principle of uti possidetis. The author argues that uti possidetis originating from Roman jus civile was transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America in XX century. The principle’s further effective application in Africa and Asia contributed into uti possidetis’ formation as the principle of international law. MATERIALS AND METHODS . The materials for the article were the works of leading Russian and foreign researchers in the field of international law dedicated to general principles of international law and international customary law. The author referred to historical, comparative and theoretical methods in his analysis. RESEARCH RESULTS . It is argued that uti possidetis as the principle of international law has a primary concern with the state or territorial sovereignty. The paper analyses uti possidetis’ evolution from the regional principle into the general principle of international law. It also deals with the review of cases considered by the International Court of Justice and other international ad hoc tribunals as well as specialised authoritative opinions of specialised international commissions that played a vital role in affirming uti possidetis as one of the general principles of international law. DISCUSSION AND CONCLUSIONS . The author argues that uti possidetis is not similar to the principle of territorial integrity, and in contrast the former serves as auxiliary support to the latter one. The analysis refers to the most recent precedents with dissolution of the former communist federations that simply reconfirmed the importance of uti possidetis as the general principle of international law. It is concluded that the evolution of uti possidetis as the general principle of international law took place under influence of the state practice and application by international judicial bodies.