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A Legal Geography of Yugoslavia's Disintegration$
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Ana S. Trbovich

Print publication date: 2008

Print ISBN-13: 9780195333435

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195333435.001.0001

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Changing Borders by Force

Changing Borders by Force

(p.293) CHAPTER 6 Changing Borders by Force
A Legal Geography of Yugoslavia's Disintegration

Ana S. Trbovich

Oxford University Press

This chapter focuses on how the peace process in the former Yugoslav republics was marred by continued violence. The road to peace was constructed almost exclusively by force, both of indigenous and external origin. The force employed affected the application of the right to self-determination, translating this right to territorial autonomy in Bosnia, self-government under international supervision in Kosovo and Metohia, decentralization and group rights in Macedonia, or nominal human rights without a right to territorial autonomy in Croatia. The magnitude of force and the international evaluation of the legitimacy of the use of force by the official authorities and the insurgents became crucial to the redrafting of constitutions to mandate stronger group rights, in some cases coupled with the redrawing of boundaries—albeit within the newly independent states. Self-determination, on its own and with the exception of a general insistence on respect for human rights, was irrelevant to the international community.

Keywords:   Yugoslavia, mediation, peacekeeping, Vance Plan, Krayina, Slovenia, Bosnia-Herzegovina, self-determination

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