The badinter arbitration commission and the partition of Yugoslavia

Nationalities Papers

Volumn 25, Issue 3, 1997, Pages 537-557

  Radan, Peter ^a  

^a UNIVERSITY OF WESTERN SYDNEY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0006024421     PISSN: 00905992     EISSN: None     Source Type: Journal    
DOI: 10.1080/00905999708408523     Document Type: Article

References (107)

1. For the text of the EC Declaration of 27 August 1991 see Focus, Special issue, (Belgrade), 14 January 1992, (hereafter Focus), pp. 128-129.
2. The EC Declaration of 27 August 1991, envisaged that two of the five members would be appointed on the unanimous decision of the Presidency of Yugoslavia, but as no such appointments were forthcoming, the three EC nominees (from France, Germany and Italy), appointed the other two (from Spain and Belgium): Maurizio Ragazzi, "Conference on Yugoslavia Arbitration Commission: Opinions on Questions Arising From the Dissolution of Yugoslavia, Introductory Note," International Legal Materials, Vol. 31, 1992, pp. 1488-1490, 1488.
3. EC, U.S. & USSR Declaration on Yugoslavia, 18 October 1991, the text of which is reproduced in Focus, pp. 192-193.
4. Arthur S. Link, ed., The Papers of Woodrow Wilson, Vol. 46 (Princeton University Press, 1984), p. 321.
5. Quoted in Daniel Patrick Moynihan, Pandemonium, Ethnicity in International Politics (Oxford University Press, 1993), p. 83.
6. On the issue of whether self-determination is an example of jus cogens see Edward A. Laing, "The Norm of Self-Determination," California Western International Law Journal, Vol. 22, 1991-1992, pp. 209-308, 248-250, 307-308.
7. The Kingdom of Serbs, Croats & Slovenes was officially renamed as the Kingdom of Yugoslavia on 3 October 1929.
8. Yugoslavs comes from the words jug (in Serbian & Croatian) meaning "south" and sloveni (in Serbian) or slaveni (in Croatian) meaning "Slavs," creating the word Jugosloveni (in Serbian) or Jugoslaveni (in Croatian). Yugoslavs is used in a political sense to denote the Slavs of Yugoslavia. It is not to be confused with the term južnosloveni (in Serbian) or južnoslaveni (in Croatian) which refers to southern Slavs generally and includes Bulgarians as well as Serbs, Croats and Slovenes.
9. The Niš Declaration, 7 December 1914.
10. John Edward van Vliet, Wilsonian National Self-Determination and State Legitimacy in the Yugoslav Lands, Unpublished Master of Arts Thesis, University of Waterloo (Canada), 1992, p. 51; Alex N. Dragnich, Serbia, Nikola Pasic, and Yugoslavia (Rutgers University Press, 1974), pp. 129-132.
11. John Edward van Vliet, Wilsonian National Self-Determination and State Legitimacy in the Yugoslav Lands, Unpublished Master of Arts Thesis, University of Waterloo (Canada), 1992, p. 51; Alex N. Dragnich, Serbia, Nikola Pasic, and Yugoslavia (Rutgers University Press, 1974), pp. 129-132.
12. Constitution of the Kingdom of Serbs, Croats and Slovenes (1921), Article 3.
13. Serbs, Croats, Slovenians, Macedonians, Montenegrins and Muslims.
14. Peter Radan, "The Secession of the Republic of Serbian Krajina," The South Slav Journal, Vol. 16, Nos 1-2, 1995, pp. 14-24.
15. Edgar O'Ballance, Civil War in Bosnia, 1992-1994 (St Martin's Press, 1995), pp. 14, 74-75.
16. Fabian Schmidt, "Has the Kosovo Crisis Been Internationalized," RFE/RL Research Report, Vol. 2, No. 44, 5 November 1993, p. 36.
17. Martti Koskenniemi, "National Self-Determination Today: Problems of Legal Theory and Practice," International and Comparative Law Quarterly, Vol. 43, 1994, pp. 241-269, (hereafter Koskenniemi, "National Self-Determination Today"), p. 249.
18. Martti Koskenniemi, "National Self-Determination Today: Problems of Legal Theory and Practice," International and Comparative Law Quarterly, Vol. 43, 1994, pp. 241-269, (hereafter Koskenniemi, "National Self-Determination Today"), p. 249.
19. Thomas Duncan Musgrave, Self-Determination and National Minorities, Unpublished Doctoral Dissertation, University of Sydney, 1993,
20. (hereafter Musgrave, Self-Determination), pp. 175-182.
21. Musgrave, Self-Determination, pp. 183-193.
22. Koskenniemi, "National Self-Determination Today," p. 250.
23. On the 1989 Slovenian constitutional amendments see Robert M. Hayden, The Beginning of the End of Yugoslavia, The Slovenian Amendment Crisis of 1989 (Pittsburgh: The Carl Beck Papers in Russian & East European Studies, No. 1001, Centre for Russian and East European Studies, University of Pittsburgh, 1992).
24. Lenard J. Cohen, Broken Bonds, Yugoslavia's Disintegration and Balkan Politics in Transition, 2nd Edition (Westview Press, 1995) (hereafter Cohen, Broken Bonds), p. 115.
25. Lenard J. Cohen, Broken Bonds, Yugoslavia's Disintegration and Balkan Politics in Transition, 2nd Edition (Westview Press, 1995) (hereafter Cohen, Broken Bonds), p. 115.
26. Cohen, Broken Bonds, p. 120.
27. Cohen, Broken Bonds, p. 121.
28. Cohen, Broken Bonds, p. 179.
29. Cohen, Broken Bonds, p. 176.
30. Focus, p. 14.
31. Focus, pp. 92-96.
32. The Constitution of the Republic of Slovenia is reproduced in Snežana Trifunovska, Yugoslavia Through Documents, From Its Creation To Its Dissolution (Martinus Nijhoff Publishers, 1994) (hereafter Trifunovska, Yugoslavia Through Documents), pp. 434-468.
33. The Constitution of the Republic of Slovenia is reproduced in Snežana Trifunovska, Yugoslavia Through Documents, From Its Creation To Its Dissolution (Martinus Nijhoff Publishers, 1994) (hereafter Trifunovska, Yugoslavia Through Documents), pp. 434-468.
34. Tucrossed d signman's speech is reprinted in Izvješća Hrvatskog Sabora, No. 15, 22 prosinca (December), 1990, Zagreb, pp. 7-18, with quotations at pp. 8, 14 & 15.
35. Focus, pp. 17-20.
36. Cohen, Broken Bonds, p. 212.
37. Stipe Mesić, Kako Smo Srušili Jugoslaviju, Politički Memoari, Globus, (hereafter, Mesić Kako Smo Srušili), pp. 44-45.
38. Stipe Mesić, Kako Smo Srušili Jugoslaviju, Politički Memoari, Globus, (hereafter, Mesić Kako Smo Srušili), pp. 44-45.
39. Musgrave, Self-Determination, p. 220.
40. James Crawford, The Creation of States in International Law (Clarendon Press, 1979) (hereafter, Crawford, The Creation of States), p. 248.
41. James Crawford, The Creation of States in International Law (Clarendon Press, 1979) (hereafter, Crawford, The Creation of States), p. 248.
42. Thus, the recognition by a significant power such as India was crucial to the ultimate success of the Bangladesh secession. Similarly the recognition by the EC of the former Yugoslav republics of Slovenia, and Croatia, and eventually Bosnia-Hercegovina and Macedonia, was critical to the success of these secessions. On the other hand the lack of widespread recognition of Katanga and Biafra was a major factor in the failure of these secession. In present times, the fact that the Turkish Republic of northern Cyprus, which seceded from Cyprus in November 1983, has only been recognised by Turkey, means that it cannot be seen as an independent state and member of the international community in general: Robert Jennings & Arthur Watts, eds, Oppenheim's International Law, I, Peace, 9th Edition (Longman Group UK Ltd, 1992), p. 130. Indeed the U.N. Security Council has formally condemned and declared legally invalid the proclomation of northern Cyprus: U.N. Security Council Resolution 541 (1983), para 2.
43. Cohen, Broken Bonds, p. 216.
44. The European Report, No. 1688, 26 June 1991; Cohen, Broken Bonds, p. 218.
45. The European Report, No. 1688, 26 June 1991; Cohen, Broken Bonds, p. 218.
46. James B. Steinberg, "International Involvement in the Yugoslavia Conflict," in Lori Fisler Damrosch, ed., Enforcing Restraint, Collective Intervention in Internal Conflicts (Council of Foreign Relations Press, 1993), pp. 34, 70 (n. 11).
47. For an explanation of the origins of German support for the breakaway republics see, Flora Lewis, "Bavarian TV and the Balkan War," New Perspectives Quarterly, Vol. 11, No. 3, Summer 1994, pp. 44-47.
48. Mesić, Kako Smo Srušili, p. 75.
49. Cohen, Broken Bonds, p. 233.
50. Hans-Heinrich Wrede, "'Friendly Concern' - Europe's Decision-making on the Recognition of Croatia and Slovenia," The Oxford International Review, Vol. 4, No. 2, Spring 1993, pp. 30-32; Hanns W. Maull, "Germany in the Yugoslav Crisis," Survival, Vol. 37, No. 4, 1995, pp. 99-130.
51. Hans-Heinrich Wrede, "'Friendly Concern' - Europe's Decision-making on the Recognition of Croatia and Slovenia," The Oxford International Review, Vol. 4, No. 2, Spring 1993, pp. 30-32; Hanns W. Maull, "Germany in the Yugoslav Crisis," Survival, Vol. 37, No. 4, 1995, pp. 99-130.
52. For the text of the 27 August 1991 EC Declaration see Focus, pp. 128-129.
53. For the text of the 7 September 1991 EC Declaration see Focus, p. 150.
54. For the text of the 8 November 1991 EC Declaration see Focus, pp. 226-228.
55. For the text of the 17 December 1991 EC Guidelines on Recognition see Hurst Hannum, ed., Documents on Autonomy and Minority Rights (Martinus Nijhoff Publishers, 1993), p. 85. The other conditions in the Guidelines were acceptance of the rule of law, democracy and respect for human rights, guarantees for the rights of ethnic national groups and minorities, and compliance with international obligations in the domain of disarmament and state succession.
56. This was so despite the Arbitration Commission finding that Croatia had not met all the conditions for recognition set out in the Guidelines on Recognition.
57. For the text of Opinion No. 2 see International Legal Materials, Vol. 31, 1992, pp. 1497-1477.
58. For the text of Opinion No. 1 see International Legal Materials, Vol. 31, 1992, pp. 1494-1497. In its Opinion No. 8 in May 1992, the Arbitration Commission concluded that the process of Yugoslavia's dissolution was complete and that the former Yugoslavia "no longer exists." For the text of Opinion No. 8 see International Legal Materials, Vol. 31, 1992, pp. 1521-1523.
59. For the text of Opinion No. 1 see International Legal Materials, Vol. 31, 1992, pp. 1494-1497. In its Opinion No. 8 in May 1992, the Arbitration Commission concluded that the process of Yugoslavia's dissolution was complete and that the former Yugoslavia "no longer exists." For the text of Opinion No. 8 see International Legal Materials, Vol. 31, 1992, pp. 1521-1523.
60. For the text of Opinion No. 3 see International Legal Materials, Vol. 31, 1992, pp. 1499-1500.
61. Article 1 of the Montevideo Convention, discussed in detail in Crawford, The Creation of States, 1993, pp. 36-71.
62. I. A. Shearer, Starke's International Law, 11th Edition (Butterworths, 1994), p. 125.
63. This is not to deny that there has been support for the EC Guidelines on Recognition: see Morton H. Halperin & David J. Scheffer with Patricia L. Small, Self-Determination in the New World Order (Carnegie Endowment for International Peace, Washington, 1992). The views of this book's authors have been criticised in a review by Hurst Hannum, Virginia Journal of International Law, Vol. 33, 1993, pp. 467-471.
64. This is not to deny that there has been support for the EC Guidelines on Recognition: see Morton H. Halperin & David J. Scheffer with Patricia L. Small, Self-Determination in the New World Order (Carnegie Endowment for International Peace, Washington, 1992). The views of this book's authors have been criticised in a review by Hurst Hannum, Virginia Journal of International Law, Vol. 33, 1993, pp. 467-471.
65. "Borders Should Have Been Resolved Before Yugoslavia Split," Serbian Unity Congress Bulletin, No. 60, 15 September 1994.
66. David Owen, Balkan Odyssey (Victor Gollancz, 1995) (hereinafter, Owen, Balkan Odyssey), pp. 31-33.
67. Owen, Balkan Odyssey, p. 33.
68. Carl Jacobsen, "On the Search for a New World Order: 'The Inviolability of Borders': Prescription for Peace or War?" European Security, Vol. 1, 1992, p. 55. Lord Owen made a similar point when he wrote that "a blanket ban on any boundary changes, particularly internal boundaries, is as hard to sustain as a belief that boundaries can be in a permanent state of flux": Owen, Balkan Odyssey, p. 34.
69. Carl Jacobsen, "On the Search for a New World Order: 'The Inviolability of Borders': Prescription for Peace or War?" European Security, Vol. 1, 1992, p. 55. Lord Owen made a similar point when he wrote that "a blanket ban on any boundary changes, particularly internal boundaries, is as hard to sustain as a belief that boundaries can be in a permanent state of flux": Owen, Balkan Odyssey, p. 34.
70. U.N. Secretary-General Javier Perez de Cuellar at the time urged Germany to reconsider its decision to recognise Croatia and Slovenia, correctly pointing out that recognition would provoke "the most terrible war in Bosnia-Hercegovina": Misha Glenny, The Fall of Yugoslavia, The Third Balkan War, 2nd Edition (Penguin Books, 1993), p. 163.
71. Marc Weller, "The International Response to The Dissolution of the Socialist Federal Republic of Yugoslavia," The American Journal of International Law, 1992, p. 606; Hannum, "Self-Determination, Yugoslavia, and Europe," p. 69; Kamal S. Shehadics "Self-determination and the Break-up of States", Adelphi Paper No. 283, The International Institute for Strategic Studies, 1993 (hereafter Shehadi, Ethnic Self-determination), p. 29. Thus, in the case of the Kurds of Turkey, the Turkish government has consistently rejected demands for a federation of Turkish and Kurdish republics on the ground that such a constitutional structure would be but a first step towards secession: Jeri Laber, "The Hidden War in Turkey," The New York Review of Books, 23 June 1994.
72. Marc Weller, "The International Response to The Dissolution of the Socialist Federal Republic of Yugoslavia," The American Journal of International Law, 1992, p. 606; Hannum, "Self-Determination, Yugoslavia, and Europe," p. 69; Kamal S. Shehadics "Self-determination and the Break-up of States", Adelphi Paper No. 283, The International Institute for Strategic Studies, 1993 (hereafter Shehadi, Ethnic Self-determination), p. 29. Thus, in the case of the Kurds of Turkey, the Turkish government has consistently rejected demands for a federation of Turkish and Kurdish republics on the ground that such a constitutional structure would be but a first step towards secession: Jeri Laber, "The Hidden War in Turkey," The New York Review of Books, 23 June 1994.
73. Marc Weller, "The International Response to The Dissolution of the Socialist Federal Republic of Yugoslavia," The American Journal of International Law, 1992, p. 606; Hannum, "Self-Determination, Yugoslavia, and Europe," p. 69; Kamal S. Shehadics "Self-determination and the Break-up of States", Adelphi Paper No. 283, The International Institute for Strategic Studies, 1993 (hereafter Shehadi, Ethnic Self-determination), p. 29. Thus, in the case of the Kurds of Turkey, the Turkish government has consistently rejected demands for a federation of Turkish and Kurdish republics on the ground that such a constitutional structure would be but a first step towards secession: Jeri Laber, "The Hidden War in Turkey," The New York Review of Books, 23 June 1994.
74. Marc Weller, "The International Response to The Dissolution of the Socialist Federal Republic of Yugoslavia," The American Journal of International Law, 1992, p. 606; Hannum, "Self-Determination, Yugoslavia, and Europe," p. 69; Kamal S. Shehadics "Self-determination and the Break-up of States", Adelphi Paper No. 283, The International Institute for Strategic Studies, 1993 (hereafter Shehadi, Ethnic Self-determination), p. 29. Thus, in the case of the Kurds of Turkey, the Turkish government has consistently rejected demands for a federation of Turkish and Kurdish republics on the ground that such a constitutional structure would be but a first step towards secession: Jeri Laber, "The Hidden War in Turkey," The New York Review of Books, 23 June 1994.
75. Marc Weller, "The International Response to The Dissolution of the Socialist Federal Republic of Yugoslavia," The American Journal of International Law, 1992, p. 606; Hannum, "Self-Determination, Yugoslavia, and Europe," p. 69; Kamal S. Shehadics "Self-determination and the Break-up of States", Adelphi Paper No. 283, The International Institute for Strategic Studies, 1993 (hereafter Shehadi, Ethnic Self-determination), p. 29. Thus, in the case of the Kurds of Turkey, the Turkish government has consistently rejected demands for a federation of Turkish and Kurdish republics on the ground that such a constitutional structure would be but a first step towards secession: Jeri Laber, "The Hidden War in Turkey," The New York Review of Books, 23 June 1994.
76. The proposal as outlined by Milan Djukić, leader of the Serbian Peoples Party, is largely modelled on the constitutional structure for the Aaland Islands of Finland where the Swedish population has a considerable degree of autonomy pursuant to the Act on the Autonomy of Aaland, 1991. Djukić publicly outlined his views in an interview "Srpskih Je Škola u Zagrebu Bilu i Prije, Pa Nema Razloga Da Ih Opet Ne Bude!" Globus, 8 travnja (April), 1994. The concept of a federal structure within Croatia was also suggested by some opposition leaders in Croatia, such as Dražen Budiša, the then leader of the Croatian Social-Liberal Party.
77. See for example, "Hrvatska Je Država Konastantna Vrijednost, Interview: Veselin Pejnović," Danas, Nova Serija, Broj 87, Zagreb, 6 rujna (September), 1994; "Refederaliziranu Hrvatsku Ne Mogu Ni Zamisliti! Interview: Damir Zorić," Danas, Nova Serija, Broj 89, Zagreb, 20 rujna (September), 1994; Tihomir Dujmović, "Što Nam To Govore," Nedeljna Dalmacija Broj 1222, Split, 30 rujna (September), 1994.
78. See for example, "Hrvatska Je Država Konastantna Vrijednost, Interview: Veselin Pejnović," Danas, Nova Serija, Broj 87, Zagreb, 6 rujna (September), 1994; "Refederaliziranu Hrvatsku Ne Mogu Ni Zamisliti! Interview: Damir Zorić," Danas, Nova Serija, Broj 89, Zagreb, 20 rujna (September), 1994; Tihomir Dujmović, "Što Nam To Govore," Nedeljna Dalmacija Broj 1222, Split, 30 rujna (September), 1994.
79. See for example, "Hrvatska Je Država Konastantna Vrijednost, Interview: Veselin Pejnović," Danas, Nova Serija, Broj 87, Zagreb, 6 rujna (September), 1994; "Refederaliziranu Hrvatsku Ne Mogu Ni Zamisliti! Interview: Damir Zorić," Danas, Nova Serija, Broj 89, Zagreb, 20 rujna (September), 1994; Tihomir Dujmović, "Što Nam To Govore," Nedeljna Dalmacija Broj 1222, Split, 30 rujna (September), 1994.
80. Jonathan Eyal, "Europe and Yugoslavia: Lessons From a Failure," Whitehall Paper No. 19, Royal United Services Institute for Defence Studies, 1993, p. 48.
81. Afrikaner groups in South Africa have claimed that the Arbitration Commission Opinions support claims for an Afrikaner State separate from South Africa, based on the Boer Republics of Orange Free State and Transvaal: John Dugard, "Secession: Is the Case of Yugoslavia a Precedent for Africa?" African Journal of International & Comparative Law, Vol. 5, 1993, pp. 163-175. Similarly the Yugoslav secessions are claimed to support the recognition of Northern Cyprus from Cyprus: Zaim M. Nectagil, The Cyprus Question and the Turkish Position in International Law, 2nd Edition (Oxford University Press, 1993), pp. 231-233.
82. Afrikaner groups in South Africa have claimed that the Arbitration Commission Opinions support claims for an Afrikaner State separate from South Africa, based on the Boer Republics of Orange Free State and Transvaal: John Dugard, "Secession: Is the Case of Yugoslavia a Precedent for Africa?" African Journal of International & Comparative Law, Vol. 5, 1993, pp. 163-175. Similarly the Yugoslav secessions are claimed to support the recognition of Northern Cyprus from Cyprus: Zaim M. Nectagil, The Cyprus Question and the Turkish Position in International Law, 2nd Edition (Oxford University Press, 1993), pp. 231-233.
83. Alain Pellet, "The Opinions of the Badinter Arbitration Committee, A Second Breath for the Self-Determination of Peoples," European Journal of International Law, Vol. 3, 1992, pp. 178-181 (hereafter Pellet, "The Opinions of the Badinter Arbitration Committee"), p. 181.
84. Alain Pellet, "The Opinions of the Badinter Arbitration Committee, A Second Breath for the Self-Determination of Peoples," European Journal of International Law, Vol. 3, 1992, pp. 178-181 (hereafter Pellet, "The Opinions of the Badinter Arbitration Committee"), p. 181.
85. See Marc Weller, "International Law and Chaos," Cambridge Law Journal, 1993, p. 8. He writes: "Overall, the generally very brief opinions of the Commission are likely to attract considerable and probably hostile scholarly interest. They are underpinned by the shallowest legal reasoning and do not appear destined to assist the international community greatly when addressing the potentially dangerous problem of secession in the future."
86. In the case of Macedonia, its leadership in the months after the Slovene and Croatian declarations of independence sought to preserve Yugoslavia on the basis of a loose confederation of sovereign states, and opposed secession from Yugoslavia by Slovenia and Croatia: See memorandum to the EC entitled "The International Position of the Republic of Macedonia and its Status in the Yugoslav Community," in Focus, pp. 153-156. In Bosnia-Hercegovina the Republican Assembly passed a resolution on the republics sovereignty but sought the continuation of a Yugoslav community provided such a community included both Croatia and Serbia. The vote on this resolution was boycotted by the Serbian Democratic Party (SDP). The SDP proposed (unsuccessfully) that the Assembly adopt a resolution that in the event that Croatia gained international recognition the three peoples of Bosnia-Hercegovina, namely the Moslems, Serbs and Croats, be granted the right to self-determination and that, pursuant to such a right, parts of the republic either join the remains of the Yugoslav state or form their own states:
87. see "Documents of Parties in Bosnia-Hercegovina" in Focus, pp. 181-186.
88. Crawford, The Creation of States, p. 303.
89. Musgrave, Self-Determination, pp. 352-354.
90. Crawford, The Creation of States, p. 405.
91. Musgrave, Self-Determination, pp. 355-356.
92. D. Owen, Balkan Odyssey, p. 50.
93. Some scholars have interpreted the Arbitration Commission statements on uti possidetis juris as part of a process of redefinition of the principle, so that it can apply where there is secession from a non-colonial state: T. M. Frank, "Postmodern Tribalism and the Right to Secession," in Catherine Brolman, Rene Lefeber & Marjoleine Zieck, eds, Peoples and Minorities in International Law (Martinus Nijhoff Publishers, 1993), pp. 3-27, (esp. at p. 20). Pellet is of the view that uti possidetis juris "has today acquired the character of a universal, and peremptory norm": Pellet, "The Opinion of the Badinter Arbitration Committee," p. 180.
94. Some scholars have interpreted the Arbitration Commission statements on uti possidetis juris as part of a process of redefinition of the principle, so that it can apply where there is secession from a non-colonial state: T. M. Frank, "Postmodern Tribalism and the Right to Secession," in Catherine Brolman, Rene Lefeber & Marjoleine Zieck, eds, Peoples and Minorities in International Law (Martinus Nijhoff Publishers, 1993), pp. 3-27, (esp. at p. 20). Pellet is of the view that uti possidetis juris "has today acquired the character of a universal, and peremptory norm": Pellet, "The Opinion of the Badinter Arbitration Committee," p. 180.
95. James Brown Scott, "The Swiss Decision In The Boundary Dispute Between Columbia and Venezuela," The American Journal of International Law, 1922, pp. 428-429.
96. International Court of Justice, Reports 554, 1986.
97. International Court of Justice, Reports 554, 1986 at p. 557.
98. For background to the dispute and the role of the Court see Pierre-Marie Dupuy, "Fact-Finding In The Case Concerning The Frontier Dispute (Burkina Faso/Republic of Mali)," in Richard B. Lillich, ed., Fact-Finding Before International Tribunals (Ardsley-on-Hudson: Transnational Publishers Inc, 1992), pp. 81-93; John B. Allcock et al., Border And Territorial Disputes, 3rd Edition (Longman Current Affairs, 1992), pp. 221-227.
99. For background to the dispute and the role of the Court see Pierre-Marie Dupuy, "Fact-Finding In The Case Concerning The Frontier Dispute (Burkina Faso/Republic of Mali)," in Richard B. Lillich, ed., Fact-Finding Before International Tribunals (Ardsley-on-Hudson: Transnational Publishers Inc, 1992), pp. 81-93; John B. Allcock et al., Border And Territorial Disputes, 3rd Edition (Longman Current Affairs, 1992), pp. 221-227.
100. International Court of Justice, Reports 554, 1986, p. 565.
101. International Court of Justice, Reports 554, 1986, p. 565.
102. International Court of Justice, Reports 554, 1986, p. 565.
103. International Court of Justice, Reports 554, 1986, p. 566.
104. It should be noted that in the 1990s the issue of borders in Africa has emerged. The old colonial and now international borders are under siege for a variety of reasons, including nationalism. Many see changes to African borders in the future, with nationalism a key ingredient in that change. See Ali A. Mazrui, "The Bondage Of Boundaries," in "The Future Surveyed," Special supplement in The Economist, 11 September 1993, pp. 28-30. In a similar vein see Jeffrey Herbst, "Challenges To Africa's Boundaries In The New World Order," in Journal of International Affairs, Vol. 46, 1992, pp. 17-30, where the author notes, at p. 24, that "[t]here is no reason to believe that many African citizens have a stronger commitment to their states than people in the Soviet Union or Yugoslavia did.quot;
105. It should be noted that in the 1990s the issue of borders in Africa has emerged. The old colonial and now international borders are under siege for a variety of reasons, including nationalism. Many see changes to African borders in the future, with nationalism a key ingredient in that change. See Ali A. Mazrui, "The Bondage Of Boundaries," in "The Future Surveyed," Special supplement in The Economist, 11 September 1993, pp. 28-30. In a similar vein see Jeffrey Herbst, "Challenges To Africa's Boundaries In The New World Order," in Journal of International Affairs, Vol. 46, 1992, pp. 17-30, where the author notes, at p. 24, that "[t]here is no reason to believe that many African citizens have a stronger commitment to their states than people in the Soviet Union or Yugoslavia did.quot;
106. Hurst Hannum, "Synthesis Of Discussion," in Catherine Brolman, Rene Lefeber & Marjoleine Zieck, eds., Peoples And Minorities In International Law (Martinus Nijhoff Publishers, 1993), p. 335.
107. Hurst Hannum, "Rethinking Self-Determination," Virginia Journal of International Law, 1993, p. 56.