By Christopher P.M. Waters, James Green
This book addresses a number of elements of the clash among Georgia and Russia over the breakaway area of South Ossetia in August 2008, together with using strength, human rights, transnational litigation and overseas legislation 'rhetoric'. The details of the clash are explored along their wider implications for foreign order.
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Extra resources for Conflict in the Caucasus: Implications for International Legal Order (Euro-Asian Studies)
In other words, it can only be a legally justifiable limitation on the exercise of the right of external self-determination when a state is already enabling full internal selfdetermination for those people. A particular aspect of this limitation on the exercise of the right of self-determination is the international legal principle of uti possidetis juris. This principle provides that states emerging from colonial administrative control must accept the pre-existing colonial boundaries. 40 This latter application was probably incorrect, as it confused historically established boundaries that had not resulted from colonial determinations with colonial determined boundaries.
While the armed conflict with South Ossetia had effectively ceased in 1992, the tension in the region remained and thus a settlement memorandum was signed in 1996. 57 During this period, referenda on independence were held in Abkhazia and South Ossetia. 59 The ceasefires largely remained in place from 1992/1993 until early 2008.
H. -H. ) The Caucasus Crisis (Berlin: German Institute for International and Security Affairs), p. asset_id=5524. N. Petro (2009) ‘The Legal Case for Russian Intervention in Georgia’, Fordham International Law Journal, 32, 1524. -H. Schroder (2008) ‘Editorial: Georgia’, European Journal of International Law, 19, 896. C. ece. B. html. I am grateful to Brad Roth for a thought-provoking discussion on this point. See G. Smith et al. (1998) Nation Building in the Post-Soviet Borderlands: The Politics of National Identities (Cambridge: Cambridge University Press).
Conflict in the Caucasus: Implications for International Legal Order (Euro-Asian Studies) by Christopher P.M. Waters, James Green