International legal treatment of boundary disputes in the territory of former Yugoslavia

Abstract

The Yugoslav case is central to any study of the issue of State succession in modern international law. The international response to the Yugoslav crises was largely articulated through the Arbitration Commission of the European Community and its legal opinions in relation to dissolution of SFRY. Reinforcing the principle uti possidetis, Arbitration Commission admitted its general scope in international law. The application of the principle resulted in administrative boundaries being transformed into international frontiers. The territory passes to the new States on the basis of the pre-existing administrative boundaries, regardless of the procedure by which this boundaries were established. This conclusion follows from the principle of respect for the territorial status quo which is essential for stability of the successor States. The succession to existing administrative territorial limits probably cannot extend to the every uti possidetis line between new successor States and therefore no successor State can be deprived of its inherent rights what in Yugoslav case confirms transitional function and retrospective character of principle which is necessary for final international delimitation. This international law principle could be understand only in historical context. The principle has difficult task to produce new international recognized boundaries in order to protect the independence and stability of new States. In positive international law the essence of the principle lies in confirmation of territorial status quo, except where the States concerned agree otherwise. It means that principle not able to resolve all boundary problems. It should perform possible legal title if the formal basis of consent default. In the case of succession of SFRY, a boundary line not preclude the dissentient parties from citing the contents of any ?indicia of title? because the clear legal title hasn?t existed in the former composite State. Where the administrative boundary which is being transformed into international boundaries by virtue of the principle uti possidetis cannot be identified by any legal act or subsequent State practice with regard to a particular territory the new limitrophe States must allow for the application to the other international law rules. That corresponded the principle of ?effectivit?s? which play an essential role. When particular difficulties in the application of general principle arose, the principle of equity infra legem might be possible solution. But analysed international practice has not shown any mandatory legal rules apply in the present context. Although many methods of delimitation could be used in practice. At last the exact location of a boundary line would be amicably settled by the successor States and it therefore is important to unravel the confused boundary stands in order to see the problem in correct perspective.