The dissolution of Yugoslavia and the Badinter Arbitration Commission.
This thesis examines the dissolution of Yugoslavia during 1991-2 and the
involvement of a legal commission, known as the Badinter Arbitration Commission,
in this process. This Commission was an ad hoc legal organ which was created for
the purpose of assisting in the peaceful resolution of the conflict which erupted in
Yugoslavia during the latter years of the Cold War and continued throughout the
post-Cold war period. Whether it can truly be described as having been fully resolved
remains to be seen.
The thesis describes international events leading to the end of the Cold War,
domestic events leading to Yugoslavia's dissolution and institutional responses
leading to the creation of the Commission. The Commission's jurisprudence is
analysed, with particular focus on the Commission's advice relating to issues
surrounding the dissolution process.
Having been mandated to operate in a civil conflict at a time of great
turbulence in contemporary international relations, one cannot ignore certain issues
of wider interest. Fundamentally, one must question whether Yugoslavia represents
an international legal anomaly or evidences changes in international law and threats
to international peace and security. One must seek to draw lessons from the way in
which the Yugoslav conflict arose and the way in which a peaceful-settlement was
sought if international law's current responses are to be assessed.