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

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