Undoing States without Redrawing Borders: the Counter-Productive Use of the uti possidetis Principle to Secure New European Borders
Undoing States without Redrawing Borders: the Counter-Productive Use of the uti possidetis Principle to Secure New European Borders

Summary/Abstract: It is argued in this paper that the choice made by the vast majority of the international community to promote a systematic and extensive use of the uti possidetis principle for defining new international borders of newborn European States has not met the expectations of peace and stability. Starting from the explanation of the initial meaning of the principle in antique Roman law, a first part explores how the principle of uti possidetis was reactivated for decolonisation processes in Latin America, Asia and Africa, before being implemented in Europe following the dismemberment of the Soviet Union, Yugoslavia and Czechoslovakia. A second part is dedicated to the assessment of this import for separations of States whose constituting territory is at stake. The intent is to expose its shortfalls and propose alternative solutions to improve the situations for which the use of uti possidetis principle has been counter-productive. One possible option is certainly to promote adjustments of borders under the supervision of the international community.

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