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The Nagorno-Karabakh Conflict : A Legal Analysis - Heiko Kruger

The Nagorno-Karabakh Conflict

A Legal Analysis

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Published: 10th September 2010
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This treatise is primarily concerned with the legal aspects of the Nagorno-Karabakh conflict. Current developments make it clear that the juristic aspects of secession conflicts are successively becoming blurred. Also, their significance is being superseded within the framework of conflict resolution attempts. The controversial recognition of Kosovo by several states in 2008 as well as the equally questionable recognition of Abkhazia and South Ossetia by Russia are merely two aspects. The aim of this treatise is therefore to focus more strongly on the legal positions, and in particular to underline the importance of principles of international law in connection with the Nagorno-Karabakh conflict.

The analysis concentrates on two aspects of the Nagorno-Karabakh conflict. On the one hand the legitimacy or illegitimacy of the secession of Nagorno-Karabakh is scrutinised in accordance with Soviet law and international law.In this respect, the current developments in the cases of Kosovo, Abkhazia and South Ossetia are also taken into account. On the other hand, insight is provided into how the conduct of the Republic of Armenia is to be assessed from an international law perspective.

The territorial Status of Nagorno-Karabakhp. 1
Object of investigationp. 1
Historical outlinep. 1
Legal significance of historyp. 2
From antiquity to the early modern period: ethnic dislocations and intermixing under Muslim rulep. 4
Later modern period: waves of Armenian immigrationp. 8
Beginning of the 20th century: between the fronts of the great powersp. 11
Soviet era: Nagorno-Karabakh as an autonomous region in the Azerbaijan SSRp. 14
Post-Soviet era: war, ceasefire and an unresolved conflictp. 22
Analysis under USSR lawp. 24
Validity of the law of the USSRp. 25
Territorial status of Nagorno-Karabakhp. 27
Secession of Nagorno-Karabakh under the 1977 Constitution of the USSR?p. 28
The secession of Nagorno-Karabakh under the 1990 Law on Secession of the USSR?p. 30
Right to secession under Art 3 para. 1 sentence 2 of the 1990 Law on Secession of the USSRp. 30
Constitutionality of Art. 3 para. 1 sentence 2 of the Law on Secessionp. 31
Validity and interpretation of Art. 3 para. 1 sentence 2 of the Law on Secessionp. 33
Exercise of the right to secession under Art. 3 para. 1 sentence 2 of the 1990 Law on Secession of the USSRp. 35
Secession procedure of the Azerbaijan SSR under the Law on Secessionp. 36
Formal initiation of the secession procedure under the Law on Secessionp. 37
Further conditions under the Law on Secessionp. 38
Effects of the revocation of the autonomous statusp. 39
Preliminary conclusionp. 40
Analysis under international lawp. 40
Nagorno-Karabakh as an original component of the Republic of Azerbaijanp. 41
Affiliation of Nagorno-Karabakh in accordance with the uti possidetis principlep. 42
Effects of the establishment of Bolshevist hegemony in the Caucasus region in 1920/1921 and the decisions of the Caucasian Bureau of 1921p. 43
Effects of shifts in administrative responsibilities between 1989 and 1991p. 47
Effects of the Azerbaijani constitutional declaration of 1991p. 48
The principle of territorial integrity under international lawp. 50
Characteristics of the principle of territorial integrityp. 50
Relevance of the principle of territorial integrityp. 50
General scope of the principle of territorial integrity in light of the right to self-determination of peoplesp. 51
Exceptions to the principle of territorial integrity: right to self-determination and rights to secessionp. 53
Secession on the basis of a decision of the whole people of a statep. 54
Right to secession of ethnic peoplesp. 56
Right to secession of ethnic groups and minorities due to crimes under international law, systematic discrimination and massive human rights violationsp. 57
International treatiesp. 58
Customary international lawp. 61
General principles of lawp. 83
Right to secession of ethnic groups and minorities - political discriminationsp. 83
Right to secession after annexationp. 86
De facto secessionp. 88
Preliminary conclusionp. 90
Involvement of the Republic of Armenia in the conflict of Nagorno-Karabakhp. 93
Object of investigationp. 93
Violation of the prohibition on the use of force in international lawp. 94
Applicability of the prohibition on the use of forcep. 94
Violation of the prohibition on the use of forcep. 95
Scope of protectionp. 95
Factual analysisp. 98
Period from 1986 to May 1992p. 99
Period from June 1992 to October 1993p. 101
Period from October 1993 to May 1994p. 103
Period from May 1994p. 103
Justifications: exceptions to the prohibition on the use of forcep. 105
Written justificationsp. 106
Unwritten justificationsp. 107
Violation of the prohibition on intervention under international lawp. 110
Preliminary conclusionp. 112
Summaryp. 115
Appendixp. 119
Charter of the United Nations (extracts)p. 119
Friendly Relations Declaration (extracts)p. 122
Un Security Council Resolution 822 (1993)p. 128
Un Security Council Resolution 853 (1993)p. 129
Un Security Council Resolution 874 (1993)p. 131
Un Security Council Resolution 884 (1993)p. 133
Un General Assembly Resolution A/RES/48/114 (1993)p. 135
Un General Assembly Resolution A/RES/60/285 (2006)p. 137
Un General Assembly Resolution A/RES/62/243 (2008)p. 138
Council of Europe - Parliamentary Assembly Resolution 1416 (2005)p. 140
Statement of the OSCE Chairman-In-Officep. 143
Bibliographyp. 145
Indexp. 153
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9783642117879
ISBN-10: 3642117872
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 155
Published: 10th September 2010
Publisher: Springer-Verlag Berlin and Heidelberg Gmbh & Co. Kg
Country of Publication: DE
Dimensions (cm): 23.5 x 15.5  x 0.64
Weight (kg): 0.42