Determining Boundaries in a Conflicted World

In 1992, when Yugoslavia was on the point of disintegration, the Badinter Commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis: the internal boundaries dividing the former Yugoslav Republics should automatically become the international boundaries of the new states. Elated by what seemed a clear and workable solution to an impossible problem, the international community proceeded to impose the 'binding' principle of uti possidetis on all the parties involved. Relying on the Badinter interpretation of uti possidetis, five experts in international law have assured the Quebec government that in the event of separation from Canada, Quebec could assume legal entitlement under international law of its existing boundaries.In "Determining Boundaries in a Conflicted World," Suzanne Lalonde examines the origins of the uti possidetis principle, its evolution and colonial roots as well as more recent applications, to determine whether it merits the overriding importance now attributed to it. She argues that nothing justifies conferring such a binding status on the principle and that the uti possidetis applied in Yugoslavia was an entirely new version that can derive no legitimacy from colonial precedents. While the doctrine may have considerable utility in some cases, it is only principle among many that must be considered if future disputes are to be resolved so as to promote long term peace and stability. Lalonde sounds a cautionary note, showing that the idea that uti possidetis provides a one-size-fits-all, legally incontestable solution to all territorial disputes is an illusion.