Ne-konsensualna disolucija država u međunarodnom pravu: Inovacija Badinterove komisije u retrospektivi
NON-CONSENSUAL STATE DISSOLUTION IN INTERNATIONAL LAW: THE BADINTER INNOVATION IN RETROSPECT

Summary/Abstract: What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order – taking direction from the Badinter Commission – reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects.

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