Research Articles Supplement 2 · 2014 · pp. 143–150 · Issue page

CONSIDERATIONS ON TERRITORIAL INTEGRITY AND UNILATERRAL SEPARATION

PA
1 Romanian Diplomatic Institute
Accepted 27 March 2026
Available Online 15 August 2014
THE LAST DECADE OF THE XXTH CENTURY WAS WITNESS AND BENEFICIARY OF A NEW INTERNATIONAL ENVIRONMENT REGARDING HUMAN RIGHTS AND FREEDOMS PROMOTION. THE FRAME WITHIN THE OBSERVATION OF HUMAN RIGHTS AND FREEDOMS EXTENDED WAS LARGER THAN EVER BEFORE, BECOMING A STATE POLICY TOGETHER WITH JURIDICAL GUARANTEES. THE MOST IMPORTANT CHANGE WAS IN THE EAST OF THE SPACE OF THE CONFERENCE FOR SECURITY AND COOPERATION IN E UROPE. THE RECOMMENDATION 1201 (1993) WAS A REFERENCE MOMENT AT THAT TIME IN THE EFFORTS OF THOSE TRYING TO OBTAIN THE RECOGNITION OF THE COLLECTIVE RIGHTS FOR THE NATIONAL MINORITIES, WITH CONSEQUENCES SUCH AS THE RECOGNITION OF THE STATE LOCAL AUTONOMY O N ETHNICAL CRITERIA. EVEN FOR THE COLONIES THE UNILATERAL SECESSION WAS AN EXCEPTION. THE SELF - DETERMINATION WAS FIRSTLY A MATTER OF COLONIAL AUTHORITY TO APPLY OR NOT; SUPPORTING UNILATERAL SELF -DETERMINATION BY THE UN TOOK PLACE ONLY IF IT WAS BLOCKED BY THE COLONIAL AUTHORITY. OUTSIDE THIS FRAME, THE UN WAS VERY RESERVED IN APPROVING THE SEPARATION OF AN ENTITY FROM THE STATE OF WHICH IT BELONGS AGAINST THE WILL OF THE RESPECTIVE GOVERNMENT.
COLLECTIVE RIGHTS SECCESION TERRITORIAL INTEGRITY
The body of this article is intentionally hidden on the public page. Please use the PDF reader or the PDF download for the complete text.
[1]
Buchanan A., Justice Legitimacy and Self -Determination: Moral Foundations for International Law (New York: OUP, 2004).
[2]
Cassese A ., Self-Determination of Peoples: A Legal Appraisal (Cambridge: Cambridge University Press, 1995).
[3]
Chen L., ”Self-Determination and World Public Order”, Notre Dame Law Review 66 (1991).
[4]
Clark P., ”Taking Self-Determination Seriously: When Can Political and Cultural Minorities Control Their Own Fate?”, Chicago Journal of International Law 5 (2004): 737.
[5]
Duursma J., Fragmentation and the International Relations of Micro -States (Cambridge: Cambridge University Press, 1996).
[6]
*** Declaration on Principles of International Law Concerning Friendly Relations and Co -operation Among States.
[7]
*** Declaration on the Rights of Indigenous Peoples, GA Res 61/295, UN GAOR, 68th sess., Suppl. No. 12, UN Doc. A/61/L.67 (2007).
[8]
*** Declaration on Friendly Relations, Principle.
[9]
*** Declaration on the Granting of Independence to Colonial Countries and Peoples, GA Res. 1514, UN GAOR, 15th sess., Suppl. No. 16, UN Doc. A/4884 (1960) 66.
[10]
*** Declaration on the Guidelines for the Recognition of New States in Eastern Europe and the Soviet Union, Extraordinary EPC Ministerial Meeting, Brussels, 16 December 1991, EC Bulletin 12 -1992, 119.
[11]
Duţă Paul, Teodor Frunzeti, Ion Panait, Operaţiuni şi misiuni OSCE. Studiu de caz: Moldova, Sibiu: Tehno Media Publishing House, 2008.
[12]
*** Final Act of the Conference on Security and Co-operation in Europe, (1975) 14 I.L.M.
[13]
Muharremi R ., ”Kosovo’s Declaration of Independence: Self -Determination and Sovereignty Revisited”, Review of Central and East European Law 33 (2008): 401, 406.
[14]
Orentlicher D ., ”Separation Anxiety: International Responses to Ethno -Separatist Claims”, Yale Journal of International Law 23, no. 1 (1998): 49–50.
[15]
*** Report of the Committee of Rapporteurs (Beyens, Colander, Elkens), 16 April 1921, LN
[16]
*** Resolution A/RES/63/3 on 8 October 2008.
[17]
Sellers M., The New World Order: Sovereignty Human Rights and the Self -Determination of Peoples (Oxford: Berg, 1996), 22.
[18]
Shaw M., ”Peoples, Territorialism and Boundaries”, European Journal of International Law 3 (1997).
[19]
*** Resolution A/RES/63/3 from 8th of October 2008.
[20]
*** The European Convention for defending human rights and fundamental freedom (1950).
[21]
*** The European Court for Human Rights (1959).
[22]
*** The frame -convention to protect national minorities (1995).
[23]
*** The European Committee for rightfully democracy (Venice Comitee) (1990).
[24]
*** The answer of The Slavic Republic to The Justice International Court in consultations for the question send by The UN General Assembly (Resolution A/RES/63/3 8th of October 2008), “Does The Unilateral Independence Declaration of The Kosovo Temporary Govern respect the international law?”
[25]
*** The Charter of the United Nations.
[26]
*** UN General Assembly, Vienna Declaration and Programme of Action, 12 July 1993.
[27]
*** The Universal Declaration of Human Rights.
[28]
Quane H., ”The United Nations and the Evolving Right to Self -Determination”, International and Comparative Law Quarterly 47, no. 3 (1998) 537.