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background

difficulties

  • Multi-faceted question
  • Changing nature of legal theory
  • Bias
  • Yugoslavia began to disintegrate in 1990
  • Bosnia declared independence in August 1992
  • Three ethnic groups fought war until 1995
  • Dayton Peace Agreement signed

A Final Thought

Only a peace between equals can last.

Only a peace the very principle of which is equality and a common participation in a common benefit.

-Woodrow Wilson

statehood

why

  • remedial theory of secession
  • changes to legal theories of statehood

self determination

  • theory enshrined in UN Charter
  • followed up in multiple treaties
  • requires a "people"

The Case of the Bosnian Serbs

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