Index

decolonialization

delayed

regarding Bangladesh

regarding the former republics of the Soviet Union

–

emerging from

right to self-determination, as borne by the formerly colonized

UN General Assembly Resolution 1541 (1960), outcomes contemplated by

–

Decolonization Declaration (1960)

See

UN Decolonization Declaration

Decree on Peace (Lenin)

254n909

418n1563

de facto independence

–

de facto recognition

de facto regimes

See also

Frowein, Jochen

de facto states

–

–

–

de lege ferenda

–

Democratic Republic of the Congo (drc)

114

265n961

338n1250

See also

Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Uganda) (2005 icj case)

See also

Katanga

See also

UN Security Council: Resolution 169 (1961) (‘The Congo Question’)

democracy

demos

124

Denmark

de Waal, Thomas

–

dichotomies

compliance versus non-compliance

external anarchy versus internal order

185

facts versus norms

‘French’ civic-universalist understanding versus ‘German’ ethno-nationalist particularistic model (of a nation or a people)

267

friends versus enemies (in a moral worldview sense)

363

heteronomy versus relativism

59n

hosts (national majority) versus guests (national minority)

216

–

217

integrationist camp versus consociationist camp

internal self-determination versus external self-determination

286

–

287

lawful versus unlawful

law versus politics

59n194

linkage versus leverage

201n722

morals versus law

244

natural law versus positive law

roc (Taiwan) versus prc (China)

–

recognition versus non-recognition

540

Russian language versus Ukrainian language

5n10

secession versus annexation (Crimea)

205

self as a people versus self as a ‘mere’ minority

self-determination versus territorial integrity

–

–

–

See also

self-determination

See also

territorial integrity

separatist and irredentist claims versus ultranationalist policies

226

State-building versus non-State-building measures

516

–

523

States versus non-States

diplomacy

diplomatic recognition of States

See

recognition

dismembratio principle

–

See also

secession: dissolution, distinguishing

Dodik, Milorad

domaine réservé

–

–

Draft Articles on the Responsibility of States for Internationally Wrongful Acts (ilc, 2001)

337

See also

internationally wrongful act

Dudwick, Nora

247

Đukanović, Milo

494

Eagleton, Clyde

East Germany

See

German Democratic Republic (gdr)

East Timor

economic relations

disruption of, as a non-military means of violating territorial integrity

EC-Cyprus Association Agreement

525

–

526

‘effective control test’

–

See

Nicaragua v. USA (icj case)

‘effective overall control test’ (Loizidou case)

effectivités

emigration

encroachment

See

territorial integrity

erga omnes

Ergneti Market

–

Eritrea

–

Estonia

ethical issues

See

secessionist entities: transitions to statehood: ethical issues

ethnic ascription

ethnic cleansing

in Bosnia-Herzegovina

in Kosovo

in Nagorno-Karabakh

in South Ossetia

ethnic entrepreneurs

ethnic groups

–

–

–

ethnic minorities

See

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UN ga Resolution 47/135 of 1992)

ethnic segregation

ethnic violence

See also

ethnic cleansing

Ethiopia

Eurasia

Eurasian Customs Union

Eurasian studies

Euro-centrism

Euromaidan

Europe

national minorities, rights in

See also

Council of Europe

See also

European Union

European Charter for Regional or Minority Languages (ecrml)

275

European Commission

Kosovo, treatment of by

528

European Commission of Democracy Through Law (Venice Commission)

–

European Convention on Human Rights (echr)

293

366n1348

550n2107

European Court of Human Rights (ECtHR)

471

–

475

See also

[ECtHR case name]

European Union (EU)

Abkhazia and South Ossetia, policy regarding

493n1886

Cyprus, position concerning

525

EU- Armenia Comprehensive and Enhanced Partnership Agreement (2018)

EU- Azerbaijan Action Plan (ap) (2004)

EU- Azerbaijan Partnership and Cooperation Agreement (pca) (1996)

EU External Action Service (eeas)

556

EU-Georgia Association Agreement Abkhazia and South Ossetia, provisions regarding

–

Deep and Comprehensive Free Trade Area (dcfta), creation and application of

200

519

Georgia’s lack of jurisdiction over Abkhazia and South Ossetia, acknowledgement of

203n732

provision for EU membership for Georgia, lack of

155n551

ratification of

200

EU-Kosovo Stabilization and Association Agreement

–

EU-Moldova Association Agreement

200n719

Moldova’s lack of jurisdiction over Transdnistria, acknowledgement of

203n732

EU Monitoring Mission in Georgia (eumm)

559n2154

EU Special Representative for the South Caucasus (eusr)

522

–

523

EU Rule of Law Mission in Kosovo (eulex)

See

Kosovo: EU Rule of Law Mission in Kosovo (eulex)

Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union

See

Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union (European Community, 1991)

Kosovo, position concerning

See

Kosovo: European Union and its Member States, relationship with

ex injuria jus non oritur principle (illegal acts do not create law)

–

–

expansionism, territorial integrity as protection against

327

extraterritorial control, exercise of

106

–

107

See also

non-intervention principle

See also

third-party States

See also

puppet States

factum brutum

in international law

of politics

of realpolitik

of recognition

of secession

–

of sovereignty

power of

Falk, Richard280,

federalism

–

–

–

Federal Republic of Yugoslavia (fry)

–

legal personality, entitlement to (as a union between Serbia and Montenegro)

494n1889

Rambouillet Accords (1999), proposals in

Republika Krpska, financial and military support to in connection with the Srebrenica Massacres

337n1246

Feldbrugge, Ferdinand

–

Fichte, Johann Gottlieb

Finland

constitution

See also

Åland Islands

Finnish Democratic Republic

136n170

First Karabakh War

See

Karabakh Wars: First Karabakh War

force, use of

as unlawful, in international law

–

–

–

See also

Montevideo Convention on the Rights and Duties of States (1933)

See also

UN Charter: Article

See also

UN Friendly Relations Doctrine (1970)

by India, in Bangladesh

by nato member States, in Serbia

–

–

by Russia, in Crimea

by third parties, difficulty to establish

113

by Turkey, in Cyprus

134n

in humanitarian intervention situations

–

in internal conflicts

initiating party, difficulty in establishing

137

in secessionist conflicts

–

in territorial acquisition

103

in the creation of a puppet state

178

475

oppressed people, to provide aid to

Parliamentary Assembly of the Council of Europe (pace), views on

potential justifications of

–

prohibition against

applicability to so-called rebel republics

505n1931

as a cornerstone in international relations

as related to the non-intervention principle

–

invocation of by secessionist entities

563

nature of, in ceasefire agreements

501

scholarly investigation of, in relation to secession

threats of

unilateral versus collectively-authorized (unsc-approved) intervention

–

See also

belligerency

See also

Geneva Conventions

See also

humanitarian intervention

See also

international humanitarian law (ihl)

See also

non-international armed conflicts

See also

third-party States: force, use of

forcible displacement

See

internally-displaced persons (idps)

See

refugees

foreign investors

209

‘Fourteen Points’

254

fp7 (7th Framework Programme)

155n8

Framework Convention for the Protection of National Minorities (fcnm)

–

–

Advisory Committee Opinions

277

–

Azerbaijan, declaration of

France

–

constitution

French Revolution of 1789

252

freedom, governmental non-guarantee of

252

Friendly Relations Declaration (1970)

See

UN Friendly Relations Declaration

frontiers, inviolability of

Frowein, Jochen

–

Fukuyama, Francis

Gamsakhurdia, Zviad

–

–

Garibashvili, Irakli

Garb, Paula

Garcia Marquez, Gabriel

Gaza

43n129

See also

Israel

See also

Palestine

Gazprom

198n713

Geneva Conventions

Geneva Conventions of 1949

Additional Protocol ii to the Geneva Conventions of 1977

Geneva International Discussions

–

genocide

–

–

–

–

actions of Azerbaijan against ethnic Armenians in Nagorno-Karabakh, characterized as

actions of Georgia in Abkhazia, characterized as

–

actions of Georgia in South Ossetia, characterized as

–

military actions to prevent, warranting

–

obligation of states to punish and prevent

–

of South Ossetians by Georgia in 2008 war, characterization of by Russia

pogroms in Azerbaijan against Armenians, recalling genocide of 1915

See also

Armenian genocide of 1915

Genocide Convention

–

Genocide Convention Case (2007 icj case)

geopolitics

–

–

Georgia, Republic of

–

Abkhazia

autonomy, offer of

conflict with, framing of

legal position in

rapprochement with

war with Abkhazia (1992–93)

–

autonomy, offers of, to Abkhazia and South Ossetia

209n750

–

297

breakaway provinces, assaults against

civil war (1993)

constitutions

–

coup d’état (1991–92)

217

declaration of independence (1991)

domestic progress, unhampered by territorial conflicts

203

echr, signatory to

effective control over Abkhazia and South Ossetia

–

273

EU, favorable stance toward

fcnm, signatory to

294

Freedom House rating

552n2123

Geneva International Discussions, participation in

See

Geneva International Discussions

‘Georgia for Georgians’ (motto)

342n1268

‘Georgian Dream coalition’, election of (2016)

201

language

spelling of place names

200n717

‘occupied territories’, legislation concerning

200n718

past sovereignty over secessionist entities, danger of calling for

211

political proposals to Abkhazia and South Ossetia, limits on

276

–

277

‘radical nationalism’, perceptions of (by South Ossetians)

popular revolution in

201n721

Russia

influence of, Georgian efforts to counter

–

ties with, severing

–

See also

Russo-Georgian War of 2008

self-determination of Abkhazia and South Ossetia, views on

–

297

South Ossetia

attack on (1989–92)

–

attack on (2008)

226

Samachablo, use of, as name for South Ossetia

Tbilisi

–

Transcaucasian Soviet Federative Socialist Republic, membership in

431

United Nations, admission to

126

441n1657

USSR unification referendum (1991), boycott of

422n1578

visits to Abkhazia and South Ossetia, penalizing

204n733

western aspirations of

191

Euro-Atlantic community, aspiration to join

197

nato, desire to join

404

See also

EU-Georgia Association Agreement

See also

Abkhazia

See also

Gamsakhurdia, Zviad

See also

Gurgenidze, Vladimer

See also

Saakashvili, Mikhail

See also

Shevardnadze, Eduard

See also

South Ossetia

See also

territorial integrity

Georgian army

414n1546

432

Georgian Democratic Republic (is this different than Republic of Georgia?)

390n1458

425n1585

Georgian Law on Occupied Territories

135

162n577

537

Georgian Law on Political Unions of its Citizens

229n817

Georgian Soviet Republic

Georgia v. Russian Federation (icj case)

112

138n485

German Democratic Republic (gdr)

German Romanticism

Germany

Gettysburg Address

glasnost

–

Goa

See also

India

See also

Portugal

Gorbachev, Mikhail

Gorno-Altay

government, definition of

Great Britain

–

great powers

–

Greece

grievances

See

secessionist entities: ‘authentic grievance’ paradigm

Guéhenno, Jean-Marie

148

–

Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union (European Community, 1991)

Gurgenidze, Vladimer

Hague Regulations

Hamilton, Alexander

Harpaz, Guy

Hart, H.L.A.

Heintze, Hans-Joachim

–

Helsinki Final Act (Helsinki Accords) of 1975

–

Herder, Johann Gottfried

Higgins, Rosalyn

Hindu

historical injustices

historiography

Hobbes, Thomas

Horizon 2020 Programme

155n8

humanitarian assistance

–

humanitarian intervention

circumstances, required, for lawful use of

–

global security architecture, reflecting

jus ad bellum, definition in relation to

lawfulness of force for humanitarian purposes

–

legal ambiguity of, as problematic

–

moralistic tone used in advocacy for

363

provision of, conditions on, as unacceptable to metropolitan State

right to remedial secession, relation to

territorial integrity, lawful exception to

unilateral versus collectively-authorized (unsc-approved) intervention

–

See also

force, use of

See also

non-intervention principle

See also

Schmitt, Carl

See also

secessionist conflicts: humanitarian catastrophes in

See also

UN Security Council

humanitarian law

See

international humanitarian law (ihl)

human rights

–

–

–

–

international law, upholding

365

See also

International Covenant on Civil and Political Rights (iccpr)

See also

International Covenant on Economic, Social and Cultural Rights (icescr)

See also

international human rights law

;

See also

World Conference on Human Rights

Human Rights Covenants of 1966

258

See also

International Covenant on Civil and Political Rights (iccpr)

Human Rights Watch

218n779

472n1809

Ichkeria

See

Chechnya (Chechen Republic

;

Chechen Republic of Ichkeria)

icj Statute

Article 8

Article 36

–

Article 38

Ilașcu and Others v. Moldova and Russia (ECtHR case)

–

–

Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (1966)

See

UN Implementation of Decolonization Declaration

Independent International Fact-Finding Mission on the Conflict in Georgia (iifmcg)

See

Tagliavini Commission

India

383

military intervention in Bangladesh war, justification of

Indonesia

See also

UN Commission for Indonesia

Ingorokva, Pavle

Inguri River (Abkhazia)

Institut de Droit international

–

insurgency

See also

non-international armed conflicts

See also

secessionist entities

See also

territorial integrity

inter-ethnic relations

internally-displaced persons (idps)

–

–

–

See also

refugees

internal versus external dimensions of sovereignty

See

sovereignty: internal versus external dimensions of

International Arbitration Commission on former Yugoslavia

See

Badinter Commission for the Former Yugoslavia

International Commission on Intervention and State Sovereignty

2001 Report

–

International Committee of Jurists

international community

as a contestable term

–

International Court of Justice (icj)

–

International Convention on the Elimination of All Forms of Racial Discrimination (icerd)

International Covenant on Civil and Political Rights (iccpr)

–

–

–

Article 27

–

–

International Covenant on Economic, Social and Cultural Rights (icescr)

–

International Criminal Tribunal for the Former Yugoslavia (icty)

icj Nicaragua doctrine, criticism of

–

337

international environmental law

international humanitarian law (ihl)

–

State practice, contradictions in upholding

See also

belligerent occupation

See also

Geneva Conventions

See also

Hague Regulations

See also

public international law

international human rights law

–

See also

human rights

See also

public international law

international law

153

–

195

breaches of

domestic law, non-availability as a defense

egregious human rights violations, concern with

factual exercise, contingent on

formalistic realms of, versus the real world

396

global stability, fostering, through the perpetual endurance of States

326

national minorities, treatment of

politics, relation with

365

power, diffusion of

147

principles in, non-absolute quality of

recognition

See

non-intervention principle

See

recognition

See

secessionist entities, recognition of

restrictions in, normative force of

364

secession

invocation of, by affected parties

–

right to under

–

territorial integrity over self-determination, preferences for

Western scholars of

See also

non-intervention principle

See also

public international law

See also

self-determination

See also

territorial integrity

internationally wrongful act

–

International Monetary Fund (imf)

494

international relations

federal principle of

148

–

prohibition of the use of force, cornerstone in

realist school of

scholarship

–

See also

force, use of: prohibition against

See also

third-party States: force, use of

understanding of, Schmittean approach to

190

See also

uti possidetis

international society

–

–

international relations theory (ir)

–

195

inter-state paradigm

171

intervention

See

non-intervention principle

See

third-party States

invasion

Iran

–

Iraq

–

Ireland

irredentism

–

–

Islam

–

Island of Palmas Case (PCtA Case)

–

–

Israel

Italy

See also

South Tyrol

Jackson, Robert

Japan

Jellinek, Georg

Joint Control Commission (jcc) and Joint Peacekeeping Force (jpkf)

See

South Ossetia

jus cogens norms

adoption of treaties, impact on

483n1847

binding nature of, on secessionist entities

506

fundamental rights enshrined in

366n1348

human rights, characterization as

–

See also

human rights

overruling of, by treaty

134n467

prohibition of the use of force, characterization of

91n311

–

See also

force, use of: prohibition against

See also

third-party States: force, use of

right to self-determination, classification as

Russian annexation of Crimea, violation of

206n741

violation of, declaration of independence resulting from

121n115

violation of, recognition arising out of

–

175n626

See also

recognition

jus in bello

504

See also

international humanitarian law (ihl)

Kabardino-Balkariya

Kalmykiya

Kapustin, Anatoly

Karabakh Committee

Karabakh Wars

First Karabakh War (1988–1994)

453n1714

541

568n2182

Second Karabakh War (2020)

–

Karachay-Cherkessiya

Karakalpak Republic

See also

Uzbekistan

Kareliya

Karkarashvili, Giorgi

–

Katanga

See also

Democratic Republic of the Congo (drc)

Katangese Peoples’ Congress v. Zaire (1995) (achpr case)

Kaufman, Stuart

–

–

Kavbiuro

–

–

Kazakhstan

constitution

20n33

Kellogg-Briand Pact of 1928

Kelsen, Hans

–

Kennedy, David

Ker-Lindsay, James

–

–

kgb (Soviet Union)

Khakassiya

Khasavyourt Joint Declaration and Principles for Mutual Relations (1996)

Khodzhashvili, Liudmila

490n1872

Khojaly

439

Kiev

See also

Ukraine

King, Charles

kin States

–

See also

Armenia

See also

Russia

See also

puppet States

See also

third-party States

Kirgis, Frederic L.

Kiska, Andrej

Kissinger, Henry

Klabbers, Jan251n892,

Komi

Koroma, Abdul

Koskenniemi, Martti

Kosovo

–

‘asterisk solution’

Autonomous Soviet Socialist Republics (assrs), similarities to

387

autonomous status, withdrawal of by Serbia (1990)

constitution

128

Council of Europe, admission to

85n268

declaration of independence

–

–

–

–

ethnic Albanians in

–

–

‘Kosovo Albanian leadership’ (in UN Security Council Resolutions)

European Union and its Member States, relationship with

–

–

See also

Europe

See also

Stabilization and Association Agreement (saa) (EU-Kosovo) (2016)

EU Rule of Law Mission in Kosovo (eulex)

514

–

531

geopolitical influence over secessionist conflicts, example of

244

humanitarian intervention in

–

See also

Kosovo Conflict

independence referendum (1991)

independence, support for

102

Independent International Commission on Kosovo

17n18

International Monetary Fund, accession to

87n275

lack of formal separation agreement, impact of

–

legal ambiguity of, reflected in recognitions

legal-political status of, within the Socialist Federal Republic of Yugoslavia (sfry)

177n90

nato, military support from

–

precedential value of (‘Kosovo Precedent’)

–

–

–

recognition of, in particular as a sui generis case

–

–

–

Russia, not recognized by

575

Serbia, dispute with and remedial secession from

See

Kosovo Advisory Opinion (icj)

See

Kosovo Conflict

Serbia, economic agreement with (signed as separate pledges)

4n8

Serbia, part of, viewed as

Serbia, rapprochement with

319n1187

Socialist Federal Republic of Yugoslavia (sfry), status of

Statehood status

–

treaties with, non-registration of

464n1772

501

true independence of, questioning

120

United Nations, non-admission to

125n441

495

United Nations presence in

–

See also

UN Interim Administration in Kosovo (unmik)

western ‘double standard’ treatment of remedial secession, representing

World Bank, accession to

87n300

Kosovo Advisory Opinion (icj)

–

–

–

–

Kosovo Conflict

–

–

–

–

–

–

See also

Ahtisaari plan (for Kosovo)

See also

Badinter Commission for the Former Yugoslavia

See also

North Atlantic Treaty Organization (nato): bombing campaign against Serbia by nato member States (1999)

See also

Rambouillet Accords (1999)

Kosovo Liberation Army (kla)

343n1271

Kovler, Anatoly

464

Krajina

See

Serbia: Krajina, Republic of

Krasner, Stephen

192

–

474

Kremlin

See

Russia

See

Soviet Union

Krüger, Heiko

Khruschev, Nikita

Kurds

–

Lachin

land swaps

Lansing, Robert

–

Latvia

Lauterpacht, Hersch

Lavrov, Sergey

League of Nations

–

–

See also

Covenant of the League of Nations

legalese

160

271

legal scholarship

Badinter Commission, uncritical references to

80n249

cession treaties

128n143

conflict resolution studies

208n746

court judgments

Secession of Quebec ruling

169

–

decolonization

379

emotionally-informed narratives

172n69

European

93n10

former Yugoslavia, as a topic

264

humanitarian intervention, advocating

365

independence of States

118

interdisciplinary, value of

interplay between legal doctrine and moral and/or political postulates

‘inter-State paradigm’

171

–

intervention, prohibition of

lawfulness versus unlawfulness

‘law plus’

–

lobbyism

136

Manchukuo case

‘metropolitan State’, use of

196

minority rights

147

169n602

Montevideo criteria, treatment of as orthodoxy

nationality, weaponizing

462

national minorities

–

Palestinian conflicts, coverage of

paradigms in, problematic

168

–

problematization around definitions

puppet States

136n167

‘race, creed, and color’, definitions of

266

scholarly ivory tower, as an isolate comfort zone

scholarship and politics, nexus between

secession

as an internal affair

right to

402

secessionist entities

agency of these entities, ignoring

de facto States, classifying as

–

legal personality of

focus on

–

precise qualifications as

self-determination

–

internal versus external

286

–

South Caucasus, as a topic

201

Statehood

commencement of

quality of

recognition

–

Taiwan versus China, as a topic

540

territorial autonomy

324

territorial dismemberment, forms of

territorial integrity

–

UN Security Council Resolutions

183

uti possidetis

379

Legal Status of Eastern Greenland, The (pcij Case)

110

legal theory

legitimacy (of States)

173

550

–

558

Lenin, Vladimir

–

–

Leopoldville (Congo)

Liechtenstein

–

Lincoln, Abraham

–

linguistic minorities

See

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UN ga Resolution 47/135 of 1992)

Lithuania

Locke, John

Loizidou v. Turkey (ECtHR case)

Love in the Time of Cholera

Lu, Jing

Lund Recommendations on the Effective Participation of National Minorities

Macedonia

–

–

Magna Charta of Decolonization

Maidan

See

Euromaidan

Maisuradze, Giorgi

216

Manchukuo (Manchuria)

See also

China

See also

Japan

Mandela, Nelson

194

Marii El

marionette States

See

puppet States

Mearakishvili, Tamara

Mearsheimer, John J.

‘medium road’ of conflict resolution

Medvedev, Dmitry

Abkhazia and South Ossetia, 2008 statement on

Meech Lake Accord

Megré, Frederic

Melnyk, Andriy Y.

Memorandum of Understanding between Georgia and Abkhazia (1993)

–

Menshevik

Menshevik Constitution, reinstatement of

mercenaries

methodological concept of this book

metropolitan States

actors in

203

aspirations of

111

borders, forcible adjustment of

108

–

109

consent to secessionist entity’s independence

absence of, as a barrier to Statehood

129

as a way to end secessionist conflicts

–

influence on the international community,

–

de jure territory of

290

denomination, definition and use of

196n706

domestic legislation of

former Soviet Republics, unique issues regarding

413

–

477

framing of secessionist events

–

–

–

See also

non-intervention principle

government, inclusiveness of

human rights violations, committed by

humanitarian intervention, impact on

See

humanitarian intervention

international law

decolonization, obligations under

–

invoking, in secessionist conflicts

–

–

See also

Framework Convention for the Protection of National Minorities (fcnm)

See also

international law

involuntary territorial dismemberment

399

lost territory

claiming legal sovereignty over

167

recognizing as a separate State

‘Kosovo Precedent’, impact on

See

Kosovo: precedential value of (‘Kosovo Precedent’)

national minority

minority rights, granting

323

viewing secessionist entity as

See also

national minority

negotiations in secessionist conflicts

See

negotiations

‘peoples’ and ‘minorities’, distinguishing

See also

peoples

privileged position of

263

qualities of proto-statehood, projecting

392

recognition

See

recognition

remedial secession, role in

See

remedial secession doctrine

secessionist entities

access to, restricting

characterizing

–

collapse of the metropolitan State, factor in building

445

evidence of third-party assistance to, difficulty in collecting

grievances against

456

increased resilience of, addressing

–

legal-constitutional status of, as framed by metropolitan State

mass conferral of citizenship on by third-party States, impact of

military force, using against

mistrust, mutual

283

ongoing hostility toward

reintegration of

–

separation agreement with, role of

–

treatment of, as belligerent occupants

111

See also

secessionist entities

secessionist movements

permission to suppress, under international law

370

See also

secessionist movements

secessionist warfare, engaging in

108

sovereign territory

motivation to defend

–

waiving sovereignty over a certain territory, impact of

–

stability of, as impacted by secession

Statehood status

timing of, as impacting territorial integrity claims

See also

Statehood

See also

uti possidetis

status quo

furthering, by denying territorial autonomy to national minorities

maintaining, advantages of

203

territorial integrity

as primary focus

276

Communist Soviet legal framework, basis in

427

interruption of

invocation of

–

reliance on

sovereignty, as the main supporting pillar of

territory, control over, as a pre-requisite

violation of, framing as

106

See also

territorial integrity

territory loss

acquiescence to, impact of

–

chronic character of

financial impact of

inability to recover due to humanitarian assistance actions

national strategic impact of

third parties, accusing of intervening in secessionist conflicts

See

non-intervention principle

See

secessionist entities: external support of

See

territorial integrity

See

third-party States

uti possidetis

invocation of

382

See also

uti possidetis

microstates

‘might is right’ principle

Milano, Enrico

Milanovic, Marko

Military and Paramilitary Activities in and against Nicaragua (icj case)

See

Nicaragua v. USA (icj case)

military intervention

See

force, use of: prohibition against

See

third-party States: force, use of

military occupation

bilateral treaties, as justification for

Milošević, Slobodan

minority groups

Basque (Spain)

See

Basque

Catalan (Spain)

See

Catalonia

Finns

See

Finnish Democratic Republic

German

See

South Jutland

government access, denial of

oppression of

Palestinians

See

Palestine

Quebecois (Canada)

See

Quebec

Scottish (United Kingdom)

See

Scotland

South Tyroleans (Italy)

See

South Tyrol

See also

national minority

minority rights

–

–

–

–

–

adoption of, in international law

323

focus on, in existing scholarship

147

292n1168

defining, in state practice

274

outside perception of

280

political autonomy, within the minority rights framework

280

third generation of international human rights, representing

280

See also

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UN ga Resolution 47/135 of 1992)

See also

Framework Convention for the Protection of National Minorities (fcnm)

See also

national minority

minor powers

190

Minsk (Conference) Group

See

Organization for Security and Co-operation in Europe (osce

)

Mohajirstvo

See

Abkhazia

Moldova

–

See also

EU-Moldova Association Agreement

Montenegro

–

as part of the Federal Republic of Yugoslavia (with Serbia)

See

Federal Republic of Yugoslavia (fry)

Montevideo Convention on the Rights and Duties of States (1933)

–

–

–

–

See also

non-intervention principle

See also

Statehood: elements of

See also

territorial integrity

See also

third-party intervention

Moore, Margaret

299n1099

300n1101

morality

–

–

–

–

–

–

Mordovia

Morgenthau, Hans J.

Morocco

Moscow

–

–

Moscow Agreement of May 11, 1994 (ceasefire between Georgia and Abkhazia)

–

Moscow Institute of Oriental Studies

217

mother State

See

metropolitan State

multi-ethnic States

institutional design of, as impacted by internal self-determination

–

289

Munich Security Conference (2020)

264

Muslims

See

Islam

Nagorno-Karabakh army

237n849

239

–

240

Nagorno-Karabakh (Artsakh)

–

–

Abkhazia, diplomatic relations with

496

Armenia

ethnic Armenian population of Nagorno-Karabakh

–

–

demands for unification with, denied by USSR

431

non-recognition of Nagorno-Karabakh

497

–

498

paradoxical relationship with

470

See also

Chiragov and Others v. Armenia (ECtHR case)

autonomy

424

512

Azerbaijan

attack on by (2016)

234

attack on by (2023)

297

512

Azerbaijani authoritarianism, impact on

317

Azerbaijani Soviet Republic, incorporation into

relationship with

separation agreement, lack of

See also

Operation Ring

Azeri population of

–

–

Bishkek Protocol

See

Bishkek Protocol (1994 ceasefire agreement in the Nagorno-Karabakh conflict)

constitutions

553

cultural homogeneity of

554

direct conflict party status

elections

EU engagement with

–

Freedom House rating

Foundation for Defense of Democracies, description of

136n166

government of

declaration of independence

237

260

diplomatic recognition of, lack of

238

military conscription in

National Council of

Hadrut

interim status for, proposed by osce

515

judicial system

553

Nagorno-Karabakh Autonomous Oblast (nkao)

–

subordination of, under special administration of Supreme Soviet

Nagorno-Karabakh Republic (nkr) (Republic of Artsakh) (1991– 2023)

Armenian diaspora, relationship with

478

–

Armenia, relationship with

–

as a conflict party

as a putative state, viewing as

489

boundaries of

289

–

290

collapse of, after 2023 military defeat by Azerbaijan

–

Constitution

democracy, role of

diplomatic recognition of

independence of

–

legal nature of, under public international law

573

‘mono-ethnicity’ of

545n2085

referendum of December 10, 1991

261

representation offices of

104n359

193n697

uniqueness of, as an argument for independence

402

osce Minsk Group

See

Organization for Security and Co-operation in Europe (osce): Minsk (Conference) Group

Oxford Encyclopedia of Public International Law, characterization of

politics, unipolarity of

separatism in

Shushi/Shusha

Stepanakert/Khankendi

469

–

470

United States support of

See also

Armenia

See also

Armenian diaspora

See also

Azerbaijan

See also

Karabakh Wars

See also

South Caucasus

See also

Turkey

See also

uti possidetis

Nakhichevan

–

Namibia

Namibia Case (icg case)

Napoleonic rule

Napoleonic Wars

nationalism

–

–

–

national minorities

–

conventional inferiority of, in a State

effective protection of

guest, characterized as (with national majority as host)

legal concept of

protection of, under the echr

293

right to self-determination, as impacted by existence of kin State

264

secessionist entities, viewing through the lens of

secession, non-entitlement to (as viewed in international legal scholarship)

–

See also

legal scholarship

territorial autonomy, as not guaranteed under international law

See also

Framework Convention for the Protection of National Minorities (fcnm)

See also

metropolitan States

See also

minority groups

See also

minority rights

nation-States

nato (North Atlantic Treaty Organization)

bombing campaign against Serbia by nato member States (1999)

–

–

See also

Rambouillet Accords (1999)

naturalization, extraterritorial

–

natural law

Nauru

Nazism

negotiations

Abkhazia-Georgia

–

–

–

See also

Russia: Hegemony: Russian, in negotiations involving Abkhazia and South Ossetia

Azerbaijan-Karabakh Armenians

240

Bosnia and Herzegovina

See

Dayton Peace Accords

Brest-Litovsk, peace of

254n909

Caspian Sea Convention

198n713

courts, impact on

475n1819

failure of, resulting in humanitarian intervention

–

in secessionist conflicts

–

length of

material changes to metropolitan State, impacting

Re Secession of Quebec, encouraged by

Serbia-Kosovo conflict

398

–

399

See also

Organization for Security and Co-operation in Europe (osce)

neo-colonialism

See also

colonialism

Netanyahu, Benjamin

246n882

new States, creation of, as a disruptive event

Nicaragua

Nicaragua v. USA (icj case)

acts of state, assessing, using three-tiered non-intervention scale

–

–

acts of state, defining

113

armed attack, ascertaining

colonization, discussion of

effective control test

101

113

477

overall control test of icty’s Tadic case, in contrast with

–

intervention, government request for, as lawful

prohibition of force as enshrined in the UN Charter, affirming

–

recognition

103n

566

statements of high-ranking politicians, evidentiary treatment of

140

–

141

strict control test

459

territorial integrity and non-interference, quintessence, capturing

United States, actions of

supporting contra forces, in breach of non-intervention principle

–

–

unlawful use of force

113n

See also

non-intervention principle

See also

territorial integrity

See also

third-party States

Nigeria

Igbo-populated region of

132

See also

Biafra

Nikoleishvili, Shorena

443n1667

458n1742

non-international armed conflicts

See also

civil wars

See also

Geneva Conventions

See also

international humanitarian law (ihl)

non-intervention principle

act of recognition, relation to

126

See also

recognition

acts of state, assessing, using Nicaragua’s three-tiered non-intervention scale

–

arming and financing rebels, violation of (icj)

breaches of

114n397

158

compliance with, gray-areas of

328

–

329

conferral of citizenship, violation of

icj Nicaragua judgment

characterization of

prohibited intervention, definition of

–

indirect or non-forcible intervention, applicability to

–

in secessionist conflicts

–

international law, fundamental principle of

invocation of

non-forcible intervention, as not a priori unlawful

non-State actors, applicability to

249

obligation of

249

passportization, as a severe form of

See also

passports

qualification of secessionist entities as States, impact on

–

175

secession resulting from in violation of

111

scholarly treatment of

territorial integrity, relation to

–

unilateral versus collectively-authorized (unsc-approved) intervention

–

violation of, by nato member States, in the Serbia-Kosovo conflict

–

See also

Nicaragua v. USA (icj case)

See also

third-party States

non-State actors

legal recognition

See

recognition

prohibition of the use of force principle, applicability to

499

–

See also

force, use of, prohibition against

See also

non-international armed conflicts

See also

third-party States: force, use of

Norman, Wayne

normative relativism

North Caucasus

See also

Chechnya

See also

Dagestan

Northern Cyprus

See

Turkish Republic of Northern Cyprus

North Macedonia

North Ossetia

Norway

Nottebohm (Liechtenstein v. Guatemala) (icj case)

nuclear weapons

Nußberger, Angelika

–

Oblasts

See also

Nagorno-Karabakh (Artsakh): Nagorno-Karabakh Autonomous Oblast (nkao)

See also

South Ossetia: South Ossetian Autonomous Oblast (soao)

See also

Ukraine: Oblasts in

‘offensive self-determination’

287

See also

self-determination: dualism (internal vs. external)

Okrugs

Oluja military offensive

See

Croatia

Operation Allied Force

342

See also

Kosovo

Operation Ring

–

439

453

See also

Nagorno-Karabakh: ethnic Armenian population of

opinio juris

342

565

See also

customary international law

oppression theory

–

Organization for Security and Co-operation in Europe (osce)

–

–

–

–

1994 summit (Budapest)

1996 summit (Lisbon)

2007 ministerial conference (Madrid)

Madrid Principles

Minsk (Conference) Group

–

–

Office of the High Commissioner for National Minorities

277

Organization of American States

Ottoman Empire

214

567

overthrow (of a regime)

See

coup d’etat

P5 members

See

UN Security Council

Pacher, Andreas

pacta sunt servanda principle

Pakistan

383

Palestine

311n1148

Palestine Liberation Organization

529n2018

Papua New-Guinea

384

Parliamentary Assembly of the Council of Europe (pace)

partitions

Pashinyan, Nikol

passports

–

patron States

–

–

–

–

See also

Armenia

See also

Azerbaijan

See also

metropolitan States

See also

puppet States

See also

Russia

See also

third-party States

Pegg, Scott

–

peoples

as differentiated from ‘minorities’ (Wittgensteinian language game)

–

as Staatsvolk

classification as, in international law

–

right to secession, as holders of

Perestroika

Permanent Court of Arbitration (PCtA)

See also

Island of Palmas Case (PCtA Case)

Permanent Court of International Justice (pcij)

–

Peru

constitution

Peters, Anne

pogroms of Baku and Sumgait

–

–

plebiscites

–

See also

referenda

Poland

–

political philosophy

–

politics

See

international law: politics, relation with

Pomerance, Michla

population expulsion

See

ethnic cleansing

Portugal

positive law

–

Potier, Tim

–

power-sharing

Preševo Valley

Primakov, Yevgeny

protégés

proxy regimes

proxy wars

public international law

alien subjugation

belligerent occupation

177

breach of

113n88

decolonization

definition of

independence

legal personality

marionette State

minority rights

non-consensual dismembratio

peoples

–

rules in, establishing

205

–

206

secession

relationship to

right to

32n97

–

168

secessionist entities

–

180

186

self-determination

–

Statehood

–

–

See also

Montevideo Convention on the Rights and Duties of States (1933)

territorial integrity

104

See also

international humanitarian law (ihl)

See also

international human rights law

See also

international law

Pugh, David C.

–

puppet States

–

–

–

–

Putin, Vladimir

–

Quadripartite Agreement on Voluntary Return of Refugees (1994)

‘quasi-States’

–

Quebec

–

–

–

quod licet Iovi, non licet bovi

Radan, Peter

raikoms

Rambouillet Accords (1999)

characterization of, as one-sided

Rights to be enjoyed by nato personnel, terms of

realpolitik

referenda

–

–

–

–

–

–

–

–

See also

plebiscites

recognition

–

–

–

–

–

–

–

–

–

–

–

–

of former Soviet republics

440

–

443

of secessionist entities

See

secessionist entities: recognition of

See

non-intervention principle

See also

de facto recognition

See also

[name of state or entity]: recognition of

Red Army

See

Soviet Army

Red Cross

refugees

–

–

–

–

–

See also

internally-displaced persons (idps)

religious minorities

See

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UNga Resolution 47/135 of 1992)

remedial secession doctrine

international law considerations

Åland Islands dispute Commission’s findings, reading into

306

acceptance of, by selected scholars and States

African Charter on Human and People’s Rights, reading into

306

colonialism, connection with

–

Crimea, model of

East Timor, model of

endorsement of, as a valid rule

exemplary cases of, offered by commentators

gray zone, occupying

Friendly Relations Declaration, reading into

266

307

humanitarian intervention, issues raised in connection with

–

–

International Court of Justice, lack of direct consideration of

jus ad bellum, potential consequences regarding

Kosovo’s entitlement to

–

legal scholarship, treatment of in

135

–

non-recognition of in international law

–

oppression theory, furtherance of

prescribed procedure in international law, lack of

right to resistance against tyrants, compared to

20n25

Quebec opinion, impact on

–

Spanish Constitutional Court, judgment regarding

–

312

territorial integrity, forfeit of

–

uti possidetis principle, consideration of

312

–

non-law considerations

appeal of

–

415

Catholic dogmatic theology, resemblance to

fallacy of

–

moral and/or political considerations

–

value judgment, rather than statement of law

potential application and use, nature of

agreement between parties, impact of

–

arbitrariness, inherent in

–

appropriateness of, as a remedy

as a last resort before renewed military engagement

512

as a remedy against injustice

–

122

choosing escalation over compromise, risk of

521

converting subjective narratives into legal claims, means of

–

diametrically opposed interests, reconciling

571

de lege ferenda right, character of

375n1384

ethnic Armenians in Nagorno-Karabakh, use of

objective and neutral arbiter, difficulty in finding

–

315

operationalization of, requirements

plebiscite, proposed use of

312

–

recognition policies favoring, adoption of

403

secessionist entities, embrace of by

uncertain parallels, reliance on

–

Reparation for Injuries Suffered in the Service of the United Nations (icj case)

Republika Srpska

Re Secession of Quebec (Supreme Court of Canada case)

See

Quebec

Resolution 1514

See

UN Decolonization Declaration (General Assembly Resolution 1514 of 1960)

Resolution 1541

See

UN General Assembly: Resolution 1541 (1960)

Responsibility to Protect (R2P) doctrine

–

See also

humanitarian intervention

See also

international humanitarian law (ihl)

See also

jus ad bellum

revanchism

406

Rice, Condoleezza

330n1217

Rights of Nationals of the United States of America in Morocco (France v. United States of America) (icj case)

Rohan, Albert

Romania

Rome Statute

See

icj Statute

Roosevelt, Franklin D.

532

Rose Revolution

See

Georgia: Rose Revolution (2003)

Rosseau, Jean-Jacques

Russia (Russian Federation)

–

–

Abkhazia, official ties to

actions of Western States, characterized by Russia

Constitutional Court

–

Constitution of 1993

Crimea, annexation of (2014)

–

–

development of humanitarian intervention as a custom, objection to

diplomatic recognition of Abkhazia and South Ossetia (2008)

452

duty to protect Russian nationals abroad, constitutional provision for

echr, signatory to

expansionism

See

expansionism

fcnm, signatory to

294

Geneva International Discussions, participation in

See

Geneva International Discussions

Georgia, war with (2008)

‘genocide’ of South Ossetians by Georgia, characterization of

See also

Russo-Georgia War of 2008

Georgia’s independence as a State, view of

hegemony

Russian, disguised as humanitarianism

Russian, in negotiations involving Abkhazia and South Ossetia

222

–

224

Western, Russian questioning of

–

See also

UN Security Council: Russia, as P5 Member, impact of

international law scholarship of

kin/patron State to Abkhazia and South Ossetia

444

454

513

See also

kin State

See also

patron State

Kosovo

characterization of, in scholarly publications

393

independence of, opposition to

393

Serbia, support of in Kosovo conflict

See also

Kosovo

Kremlin

See

Moscow

See

Moscow

nato bombing of Serbia, characterization of

revisionist nature of

Russian White House, attack on (1993)

446n1675

South Caucasus, regional referee in

568

South Ossetia, official ties to

third-party state, actions as

315

342

Ukraine, invasion of (2022)

338n1252

–

369

United Nations Security Council, participation in

See also

Abkhazia

See also

Crimea

See also

Georgia

See also

Nagorno-Karabakh

See also

South Ossetia

See also

territorial integrity

See also

Ukraine

Russian army

Russian Revolution of 1918

226

419n1570

Russo-Georgian War of 2008

Saakashvili, Mikhail

–

–

–

Sakha

Sakwa, Richard

saltwater doctrine

–

Samachablo

See

Georgia

See

South Ossetia

Saparov, Arsène

Sarkissian, Armen

Sarvarian, Arman

satellite States

–

See also

puppet States

Saturner Klause

See

South Tyrol

Scalia, Antonin

Schiff, Adam

Schmitt, Carl

–

Großräume, concept of

Schreuer, Christoph

–

Schwebel, Stephen M.

Scotland

–

400n1500

secession

–

applicable law, scarcity of

‘choice theory’

300

factum brutum of

273

hindsight bias, impact of

‘just causes’, as grounds for

justification of, by secessionist entities

language surrounding

35n105

–

legal neutrality of

514

morality of

See

morality

politicization of

‘primary rights theory’ versus ‘remedial theory’ of

–

interchangeability of the two theories

process of, by constitutional means

remedial

See

remedial secession doctrine

right to, under international law

–

successful, modern prospects for

unilateral, argument for allowing under limited circumstances

West Virginia paradox

See also

separatism

secessionist acts

510

–

561

manner of

–

progression of

–

treatment of, in international law

–

secessionist conflicts

geopolitical impact on outcomes

317

humanitarian catastrophes in

197

inherent nature of

over territory rather than human rights violations

political rather than legal

205

–

251

interpretation of, under international law

–

law, role of in

–

negotiations in

See

negotiations

proportionality of the use of force to political objectives

UN Security Council intervention authorizations, rarity of

secessionist entities

–

478

–

567

access to, restriction of (by the metropolitan State)

204

addressing, inadequate legal framework for

324

–

as the ‘self’ in self-determination

322

‘authentic grievance’ paradigm

–

–

catalog of (2018)

characteristic traits of

108

–

criminal gangs, comparison to

551

diplomatic relations, establishing

–

194

elections in, condemnation of

354n1307

ethnic groups, displacing

external support of

factor in successful building of

reliance on

–

foreign ministries, operations of

–

194

goals, communicating

120

historical narrative, possession of

–

–

increasing resilience of

–

independence, heightened scrutiny of

119

indigenous capacity to secede, requirement of

102

international isolation of

irredentist nature of

See

irridentism

international law

invoking, in secessionist conflicts

–

162

250

See also

Framework Convention for the Protection of National Minorities (fcnm)

See also

international law

See also

self-determination

‘Kosovo Precedent’, impact on

See

Kosovo: precedential value of (‘Kosovo Precedent’)

legal-constitutional status of

metropolitan State

collapse of, factor in successful building of

445

continued hostility from

defiance of

jurisdiction of, ending

military defeat of

mistrust, mutual

283

non-consent to being controlled by

–

reintegration with

–

separation agreement with, role of

–

See also

metropolitan state

negotiations in secessionist conflicts

See

negotiations

recognition of

decision to recognize, considerations regarding

defining characteristic of secessionist entity, serving as

–

129

195

legal ambiguities created by

metropolitan State’s conditions on

non-recognition by metropolitan state, impact of

premature or unlawful, under non-intervention principle

transition to new State, signaling

250

refugees, comparison to

162

–

See also

Brilmayer, Lea

remedial secession doctrine, views of

See

remedial secession doctrine: secessionist entities, embrace of by

resiliency of

–

self-determination, impact on

324

–

self-rule competences

availability of

devolution of

271

gaining

territorial autonomy, demands for

See

territorial autonomy

territorial integrity principle, usage relating to

329

–

330

Statehood, transitioning to

cost-benefit analysis

–

legal issues

134

See also

Bangladesh

See also

Biafra

See also

Chechnya

See also

East Timor

See also

Eritrea

See also

Katanga

See also

Kosovo

See also

South Sudan

superior fighting power, factor in successful building of

445

travel restrictions

162n577

204n733

underlying facts, dispute about

133

–

uniqueness, reasons for

133

–

See also

bias: anti-secessionist

See also

metropolitan State

secessionist movements

ethnic objectives of

–

–

external support, necessity of

245

–

246

international hostility toward

338n1250

513

metropolitan State domestic lawmaking, lack of involvement in

157

political objectives of

territorial grievance of

–

self-determination

–

–

claims

arising out of the non-colonial context

167

competing, between different minority groups

denial of to others, by recently successful claimants

ethnic distinctiveness as a factor of

legal appraisal of

legitimate grounds for

573

territorial integrity, using to oppose

409

undermining, through oppression as a material fact

consequences of

forced displacement of refugees

263

dualism (internal vs. external)

–

–

external

–

arbitrariness of, as an available remedy

autonomy, as an alternative to

4n8

corrective justice, as a means of

exercise of right to

120

250

just-cause approach to

74n231

legal entitlement to, lack of (compared to autonomy or internal self-determination)

–

289

meaningful access to government, related to denial of

military intervention in pursuit of, as unlawful under international law

national survival, viewed as fundamental to

415

necessary restriction of, due to rights to national unity and territorial integrity

306n1128

realization of

right to unilateral secession, related to

287

South Tyrol, advocacy for

300n1105

Soviet law, pursuit under

424

–

427n1597

uti possidetis, relative supremacy of

–

right to

beneficiary of

eligibility to bear

emergence of

external self-determination

legal right versus political demand

nature of

scope

nature of

ambiguities

158

–

decolonization, connection with

–

–

–

–

democracy, link to

fairness, related to

formalist, in international law

high moral ground, invoking

legal-historical perspective of

258

minority rights, connected to

multiple facets

258

multiple normative purposes, fulfilling

normative contents of

precise meaning of, as influenced by several factors

relevance and explanation, lacking (in the UN Charter)

scholarly treatment of

322

‘self’, constitution of

–

uncertainty

weaponization of, in the political context

secession, connection with

–

Statehood, connection with

–

self-government, three modes of attaining (according to the Friendly Relations Declaration)

Semneby, Peter

–

separatism

–

See also

secession

Serbia

as part of the Federal Republic of Yugoslavia (with Montenegro)

See also

Federal Republic of Yugoslavia (fry)

constitution

20n28

33n98

128n450

Constitutional Charter of the State Union of Serbia and Montenegro

41n121

85n292

Croatia, diplomatic relations with

democratic government, introduction of

Federative Serbian Republic

icj judgment regarding Kosovo, reaction to

319n1187

international recognition of Kosovo, impact on

Kosovo, dispute with and secession from by

See

Kosovo Conflict

Kosovo, position on, as its metropolitan State

373

523

Kosovo, rapprochement with

319n1187

Krajina, Republic of

226n803

Milošević, toppling of

Montenegro, recognition of

–

nato bombing campaign against

See

North Atlantic Treaty Organization (nato): bombing campaign against Serbia by nato member States (1999)

population of Kosovo, treatment of

17n18

position toward, of the United Kingdom and France (1993)

220n784

territorial integrity of, viewed as violated

330

United Nations, membership in

–

United Nations Security Council Resolution 1244 (1999), failure to sign

See also

Genocide Convention Case (2007 icj case)

See also

Kosovo

Serbia and Montenegro

See

Federal Republic of Yugoslavia

Sevastopol

101n345

327n1211

392

See also

Crimea

Seven Rules of Nationalism

–

Shevardnadze, Eduard

–

Sierra Leone

Simma, Bruno

–

Slovakia

See also

Czechoslovakia

Slovenia

51n170

488

–

489

‘small’ States

See

microstates

smuggling

157

494

Sochi Agreement of 1992 (Agreement on Principles of Settlement of the Georgian-Ossetian Conflict)

230

Sochi Ceasefire Agreement of 27 July 1993

446

Socialist Federal Republic of Yugoslavia (sfry)

177n633

380n1409

See also

uti possidetis

soft law

Somalia

–

South Africa

See also

Bantustans

South Caucasus

–

–

EU, role for in resolving conflicts

522

‘frozen conflicts’ in

Soviet Republics in

States of, seeking pre-1921 independence

443

See also

Abkhazia

See also

Nagorno-Karabakh

See also

South Ossetia

Southern Rhodesia

South Jutland

South Ossetia

–

–

–

Akhalgori district

–

constitution

–

ethnic Ossetians, as descended from the Alani people

227

engagement with South Ossetia

522

policy toward South Ossetia

Freedom House rating

554

556n2143

Former Autonomous Region of South Ossetia

161n27

Geneva International Discussions, participation in

See

Geneva International Discussions

Georgia

attack on, by Georgia (1989–1992)

–

attack on, by Georgia (2008)

autonomy from

–

Georgian occupation of

Samachablo, naming of, by Georgia

213n759

296n1087

separation agreement (with Georgia), lack of

See also

Georgia

See also

Georgian Law on Occupied Territories

Joint Control Commission (jcc) and Joint Peacekeeping Force (jpkf)

See see Sochi Agreement of 1992

popular front (‘Ademon Nykhas’)

229

recognition of

–

–

–

–

–

–

Russia

neutrality in conflict, claiming

454n1726

official ties to

464

puppet state of Russia, viewed as

232

315

Russian recognition (2008)

227

233

342n1268

self-determination, right to

–

South Ossetian Autonomous Oblast (soao)

–

Soviet forces, deployment in

228

–

229

Supreme Ossetian Council

229

Tskhinval(i)

209n749

See also

Georgia

See also

Russo-Georgia War (2008)

See also

South Caucasus

See also

Soviet Union

See also

Tagliavini Commission

See also

uti possidetis

South Sudan

South Tyrol

–

South-West Africa Case (icj case)

sovereign statehood

–

uncoupling of, argument for

484

sovereignty

after armed conflicts

degradation of, through internal collapse

179

elections, relatively competitive, as a feature of

four forms of

192

–

‘grab as much sovereignty as you can swallow’

internal versus external dimensions of

–

–

loss of versus abandonment of

119

popular

15n8

–

positive versus negative

Westphalian

Soviet Army

–

Soviet Republics, former

See

[name of geographic territory] Soviet Republic

Soviet studies

Soviet Union

annexation, forcible and unlawful, committed by

443

Armenia

Armenian demands of unification with nkao, rejection of by USSR

431

as recipient of arms support from

191

punishment of, by Stalin

433

attempts to preserve

228n814

borders and territorial units, drawing and re-drawing

573n17

Central Committee of the Communist Party

255

collapse and dissolution of

–

–

–

–

–

constitutions

–

–

–

–

Constitutional Supervision Committee

424

current South Caucasus secessionist entities, role in creating

165n44

delayed decolonization, regarding the former republics of the Soviet Union

402

–

403

divide et impera strategy

ethnic Abkhaz, protection of

87n276

ethno-federal conception of

–

Finnish Democratic Republic, puppet State of

136n170

international agreements, signatory to

Kremlin, the (as representation of national government)

legacies of

legal framework of

status of autonomous formations in

on secession from

–

–

territorial autonomy

Moscow

See

Moscow

Nagorno-Karabakh dispute, involvement in

nationalist forces

contribution to Soviet Union’s collapse

148

189

success at reining in

Nazi attack on

post-Soviet State building

48n130

See also

Commonwealth of Independent States (cis)

powers, delimitation of

422

problematic region, inheritance of

recognition of

514n1959

532

referendum on unification (1991)

422n1578

424n1584

439

romantic philosophy, advocacy of

sblizhenie-sliianie, as explanatory of the doctrine of the Communist Party

sfry, support of

Soviet Centre

–

–

Soviet West Virginian model of secession

–

427

Statement by the Twelve EC Member States on the future status of Russia and the other former Soviet Republics (December 1991)

381

successor states of, EC recognition guidelines for

–

Supreme Soviet

nature of

421

subordination of nkao, under special administration of

territorial sovereignty of

256n918

totalitarian regime of

430

Union Republic, definition of

419

–

420

Universal Declaration of Human Rights of 1948, abstention in vote on

255n915

See also

Alma-Ata Agreement of 1991

See also

Armenian Soviet Socialist Republic (assr)

See also

Baltic States

See also

Commonwealth of Independent States (cis)

See also

Gorbachev, Mikhail

See also

Kavbiuro

See also

Khruschev, Nikita

See also

Stahlin, Joseph

See also

Transdnistria

See also

uit possidetis

See also

Yeltsin, Boris

Spain

constitution

Constitutional Court

–

Kosovo, position on recognizing

Srebrenica Massacres

337n1246

stability, in international relations

Stalin, Joseph

–

–

–

Starovoitova, Galina

Stabilization and Association Agreement (saa) (EU-Kosovo) (2016)

–

State

as a guarantor of national survival

151

415

as compared to territory or colony

–

definition of, in international relations

expression as, under international law

international legal order, center of

non-intervention principle, applicability to

See

non-intervention principle

privileges of, versus non-State groups

–

putative

–

turbulence underlying formation of, impact of

353

See also

Statehood

State functions

–

Statehood

–

–

–

–

–

achieving, requirements for

–

353

as a prerequisite to exercise territorial integrity

–

binary dichotomy of

desire to obtain

elements of

See also

Montevideo Convention on the Rights and Duties of States (1933)

functional aspect of, temporary loss of

179

harmony of, hostility toward

independence, requirement of

120n110

international legal order, central to

recognition, impact of

requirements of

social reality, tied to

Statelessness

150

547

Statement of 10 November 2020 (Between Azerbaijan, Armenia, and the Russian Federation)

–

–

State practice

humanitarian intervention, under the Responsibility to Protect (R2P) doctrine

–

interventionalist endeavors, justification of

lawfulness of, as a subjective determination

legal obligations during non-international armed conflicts, contradictions in

non-acceptance of unilateral secession

–

selective and arbitrary, as problematic

See also

non-intervention principle

See also

territorial integrity

See also

third-party States

States, sovereign

appeal of

144

State Union of Serbia and Montenegro (formerly Federal Republic of Yugoslavia)

41n96

subjectivity

See

bias

subjugation

Sudan, Republic of (‘North’ Sudan)

sui generis

See Kosovo: recognition of, in particular as a sui generis

case

Sukhum(i)

See

Abkhasia

Sumgait pogram (Sumgait massacre)

–

suzerainty

swastikas

See

Nazism

Sweden

Switzerland

–

Syria

Tadic (icty case)

Taft, William

Tagliavini Commission

–

–

–

–

Tagliavini, Heidi

Taiwan (Republic of China)

–

–

–

Tajikistan

Tancredi, Antonello

Tatarstan, Republic of

455

Tbilisi

See

Georgia, Republic of

Ter-Petrosyan (Ter-Petrossian), Levon

territorial autonomy

–

–

–

–

territorial integrity

–

412

alleged violations of in the South Caucasus region, inadequate legal framework to address

480

ambiguities of

158

–

and independence, link between

anti-secessionist bias

See

bias: anti-secessionist

as a principle rather than a right, view of

–

borders, impact on

disruption of

icj Nicaragua judgment, characterization of

icj Nicaragua judgment, test for intervention as unlawful interference

–

invocation of

–

against non-State actors, under international law

370

–

metropolitan States in the South Caucasus, applicability to

natural and economic resources, considerations regarding

nature of

formalist, in international law

non-forcible interventions in

–

normative idea of

–

–

‘parchment principle’, characterization of

political nature of

–

principle of

apparent impenetrability of

as expressed in international law

–

caveats attached to

–

scope of protection provided

right to defend, non-international armed conflict rules, impact on

right to, voided by oppression of national minorities

self-determination, relationship to

328

shield against incursions, conception as

stability-endangering territorial readjustments, considerations involving

Statehood, as a requirement to exercise

–

State practice, inconsistency of

329

–

status quo of the international community, protecting

328

UN Charter, protection of

unlawful interference with, test for (from Nicaragua)

–

use of, as excuse to oppress national minorities

waiver of sovereignty, impact of

–

World War ii, impact on

See also

Helsinki Final Act (Helsinki Accords) of 1975

See also

metropolitan States: territorial integrity

See also

Nicaragua v. USA (icj case)

See also

Kosovo Advisory Opinion (icj)

territorial separation

251

See also

territorial integrity

terrorism

think tanks

191

542n2069

third-party States

accusations against, by metropolitan States

456

acts of, assessing, using Nicaragua’s three-tiered non-intervention scale

–

armed attack by, as a requirement to claim self-defense under international law

–

assistance to separatist or secessionist groups, providing

–

–

control exerted during intervention, under the Nicaragua doctrine

–

force, use of

–

See also

force, use of: prohibition against

non-forcible or indirect interventions

–

‘temporary administration’, use of

115

territorial integrity, violation of

–

UN authorization to intervene, impact of

–

See also

humanitarian assistance

See also

humanitarian intervention

See also

Nicaragua v. USA (icj case)

See also

non-intervention principle

See also

patron States

See also

puppet States

See also

State practice

See also

territorial integrity

Thirty Years War

569

Thornberry, Patrick

Tibet

192

Tinoco Concessions Arbitration of 1923

Tocci, Nathalie

toponyms

Transcaucasia

Transdnistria

–

–

–

transfer of territory

See

land swaps

treaties

Bulwer Treaty of 1856

254n908

cession treaties

128n1019

Collective Security Treaty

221

International Treaty Between the Russian Federation and the Republic of Crimea

non-use of force

Treaties on Alliance and Strategic Partnership

–

Treaty of Brest-Litovsk (1918)

254n909

Treaty of Confederation

Treaty of Fes

180

Treaty of Friendship, Cooperation and Mutual Assistance (2008)

461

Treaty of Friendship, Neighborhood and Cooperation between the Russian Federation and the Republic of Georgia (1994)

451

454

Treaty of Guarantee (1960)

Treaty of Kars

Treaty of Lausanne

Treaty of Lisbon (2009)

310n1146

Treaty of Maastricht

220

Treaty of Moscow

433n1620

Treaty of Münster

Treaty of Osnabrück

Treaty of Paris (1783)

72n247

Treaty of Saint Germain

118

Treaty of San Francisco

93n13

Treaty of Sèvres

432

Treaty of Versailles

119

Treaties on Alliance and Strategic Partnership

461

466

Treaty on Creation of the USSR

Treaty on Friendship and Mutual Alliance Between the Republic of Abkhazia and the Russian Federation

Treaty on European Union (teu)

374n1381

Treaty on Intra German Relations

514n1959

Treaty Regarding the Inclusion of the Principality of Liechtenstein in the Swiss Customs-Area

Union Treaty of 1922

Trenin, Dmitri

Trindade, Cançado

Troebst, Stefan

Trump, Donald

Tudjman, Franjo

Turkey

Abkhazia, relationship with

–

Ankara

Armenia, isolation of

199

239

241n866

considerations of, in assignment of Nagorno-Karabakh

434

Cyprus coup d’etat (1974), response to

Grand National Assembly

433

recognition of Azerbaijan

442

UN Security Council, lack of permanent seat, impact of

See also

Armenia

See also

Azerbaijan

Turkish Republic of Northern Cyprus (trnc)

cause, characterization of

248

constitution

76n236

declaration of independence

86n269

emergence and existence of, as a violation of international law

–

Foundation for Defense of Democracies, description of

136n474

military assistance to

real estate transactions in

162n577

recognition of

86n294

referral to, in ijc’s Kosovo Advisory Opinion

396n1482

secessionist entity, characterized as

86n294

Statehood, claim of

–

tourism, promoting on London buses

536

Turkey

agreement with, on the delimination of the continental shelf

178

secession from Cyprus, argued by

Tuva

Tuvalu

Udmurtiya

Ukraine

Abkhazia 2020 elections, non-recognition of

511

declaration of independence

422n1578

invasion of, by Russia (2022)

338n1252

–

369

Nazi symbols, use of, by Ukrainian combat battalions

Russian annexation of Crimea (2014)

legal scholarship discussion of

Ukraine, impact on

–

369

Ukrainian Soviet Socialist Republic

255n915

See also

Crimea

UN Charter

Article 1

Article 2

–

–

See also

non-intervention principle

Article 4

–

Article 18

Article 27

Article 36

Article 41

Article 51

–

Article 55

Article 73

Article 77

Article 102

Chapter vii

Chapter xi

Chapter xii

Chapter xiii

UN Commission for Indonesia

UN Declaration on Minorities

275

UN Decolonization Declaration (General Assembly Resolution 1514 of 1960)

–

–

UN Friendly Relations Declaration (1970)

–

modes of attaining self-government, defined in

self-determination of peoples versus territorial integrity of states, addressing

307

UN General Assembly

Resolution 217 (1948)

292n1064

Resolution 1514

See

UN Decolonization Declaration (General Assembly Resolution 1514 of 1960)

Resolution 1541 (1960)

45n141

Resolution 2131 (1965)

337

–

338

Resolution 3314 (1974) (‘Definition of Aggression’)

See also

force, use of: prohibition against

See also

third-party States: force, use of

Resolution 47/135 (1992)

See

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UN ga Resolution 47/135 of 1992)

UN Guiding Principles on Internal Displacement

263

UN Human Rights Committee

UN Implementation of Decolonization Declaration (1966)

–

UN Interim Administration in Kosovo (unmik)

–

–

United Kingdom

United Nations (UN)

Kosovo, presence in

membership in, drastic increase after 1990

missions

303n1112

See also

UN Interim Administration in Kosovo (unmik)

See also

United Nations Observer Mission in Georgia (unomig)

UN Observer Mission in Georgia (unomig)

–

UN Office of the High Commissioner for Human Rights (unhcr)

UN Security Council

armed intervention operations, authorization of

–

P5 (Permanent Members)

Resolution 143 (1960)

338n1250

Resolution 145 (1960)

Resolution 169 (1961) (‘The Congo Question’)

132n156

338n374

Resolution 217 (1965)

Resolution 303 (1971)

338n1251

Resolution 307 (1971)

Resolution 402 (1976)

Resolution 541 (1983)

Resolution 550 (1984)

Resolution 757 (1992)

Resolution 777 (1992)

Resolution 858 (1993)

220n785

222

Resolution 937 (1994)

223

Resolution 1199 (1998)

Resolution 1203 (1998)

Resolution 1244 (1999)

394

Resolution 1364 (2001)

223

Resolution 1546 (2004)

–

Resolution 1657 (2006)

Resolution 1716 (2006)

182

223n794

Russia, as P5 Member, impact of

–

United States

Abkhazia 2020 elections, non-recognition of

511n1953

constitution

–

326n1210

declaration of independence

56n185

252

–

Geneva International Discussions, participation in

See

Geneva International Discussions

Nagorno-Karabakh conflict, interests in

478

–

Soviet Union, recognition of

State Department

States not recognized by, prohibited from suing in U.S. courts

532

Taiwan, support of

See

Taiwan (Republic of China)

Universal Declaration of Human Rights of 1948

255n915

257

550n2107

Unrepresented Nations and Peoples Organization (unpo)

303n1112

Usual Suspects, The (movie)

USSR

See

Soviet Union

uti possidetis

–

–

Alma-Ata Agreement of 1991

384

–

385

concrete time frame, necessity of

428

consent from parties concerned, requirement of

391

Kosovo, representing deviation from

395

operation as a rule impacting lawful statehood, failure of

391

Soviet legal heritage, impact of

430

Uzbekistan

See also

Karakalpak Republic

Valek, Petr

van den Driest, Simone

vassals

–

Venezuela

Venice Commission

See

European Commission of Democracy Through Law (Venice Commission)

)

Vienna Convention on the Law of Treaties (vctl)

90n3

Vienna Declaration and Programme of Action (on Human Rights) (1993)

–

–

‘völkerrechtlich gesehen’

573

–

574

Volsky, Arkadiy

Wall Case (Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory) (icj Case)

war crimes

Weiler, Joseph

West Bank

See also

Israel

See also

Palestine

Western Sahara Advisory Opinion (icj case)

109n72

Western States / the West, views of and engagement with

Abkhazia

Azerbaijan

Baltic States, regarding their incorporation into the Soviet Union

164n39

Bosnia and Herzegovina

–

Croatia

–

Eastern Bloc States (generally), after the fall of the Soviet Union

Georgia

Kosovo

–

–

–

Russia, on the issue of Ukraine

South Ossetia

Westphalian Peace of 1648

54n178

Westphalian sovereignty

See

sovereignty

West Virginia