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Territorial conflicts on the territory of the former Soviet Union - Stabilised de facto regimes between territorial integrity, the right of self-determination, and the interests of third parties

Quenivet, Noelle

Authors

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Noelle Quenivet Noelle.Quenivet@uwe.ac.uk
Director of Research and Enterprise (BLS)



Abstract

This chapter examines the criteria of statehood according to the Montevideo Convention and applies them to four entities (Abkhazia, South Ossetia, Transnistria, Nagorno-Karabakh) that were part of the Soviet Union with a view to evaluating their statehood. The chapter then turns its attention to identifying the legal factors that prevent these entities from being recognized as States such as the violation of the prohibition of the use of force and the principle of territorial integrity before examining the right of self-determination claim made by these entities. It eventually considers their relationship with “interested third parties” that have become their patron State and concludes that, first, cast away from the international community because they have failed to fulfil the requirements for recognition and, second, existing under the aegis of patron States, they are now even further away from statehood than they ever were.

Citation

Quenivet, N. (2023). Territorial conflicts on the territory of the former Soviet Union - Stabilised de facto regimes between territorial integrity, the right of self-determination, and the interests of third parties. In Sicherheitsordnung in Europa Analysen und Perspektiven nach dem Ende der Geschichte (103-180). Berlin: Duncker and Humblot

Acceptance Date Apr 3, 2023
Online Publication Date Sep 30, 2023
Publication Date Sep 30, 2023
Deposit Date Oct 15, 2023
Publicly Available Date Oct 1, 2024
Pages 103-180
Series Title Wissenschaftliche Abhandlungen und Reden zur Philosophie, Politik und Geistesgeschichte
Book Title Sicherheitsordnung in Europa Analysen und Perspektiven nach dem Ende der Geschichte
ISBN 9783428188802
Keywords statehood; international law; secession; right to self-determination; use of force
Public URL https://uwe-repository.worktribe.com/output/11177127
Publisher URL https://www.duncker-humblot.de/buch/sicherheitsordnung-in-europa-9783428188802/?page_id=0&typ=buc

Files

This file is under embargo until Oct 1, 2024 due to copyright reasons.

Contact Noelle.Quenivet@uwe.ac.uk to request a copy for personal use.






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