Uti possidetis v self-determination: the lessons of the Post-Soviet practice

This thesis covers researches on the correlation of the principles of uti possidetis juris and external self-determination in case of Abkhazia, South Ossetia, Nagorno-Karabakh and Transnistria. Problems on determining international boundaries of newly independent states are very complicated and such processes are closely connected to the principle of territorial integrity. However, it should not be ignorant to human rights issues, including the right to internal self-determination. In this context, research of correlation between uti possidetis juris and external self-determination attracts much attention, whereas almost no fundamental researches on the Post-Soviet area are currently available. Upon the USSR’s dissolution the newly independent states of that area faced serious problems with determination of the state boundaries among themselves. Clashes between states and certain minority groups in the Post-Soviet area led to the sanguinary conflicts which are still awaiting their solution. The main purpose of this thesis is to analyse the legal grounds of application of uti possidetis in determining boundaries of the former USSR republics and a legal evaluation of the separatist movements in their territories. Moreover, it addresses whether there is a real collision between the two principles or whether it is just a simulation for hiding third states’ aggressive actions under the umbrella of self-determination. The thesis comprises five chapters. Chapter 1 is a brief introduction to the historical legal background of the conflicts. Chapters 2 and 3 present a theoretical review of both principles’ evolution and role in international law. Chapter 4 provides an analysis on the correlation of the two principles in the Post-Soviet area. Chapter 5 briefly covers the peace initiatives by various mediators and offers conflict resolution vision under international law. The thesis refers to unique researches and reviews a substantial number of materials and documents that have been unavailable to legal experts from the West.