Dissolution of the USSR: Re-Appraisal of the Relevance of the Principle of Uti Possidetis

What is it about?

During the 1991 dissolution of the Soviet Union, the twelve federal republics of the USSR proclaimed respect for ‘each other’s territorial integrity and the inviolability of existing borders’. In doing so, the federal republics adhered to the principle of general international law – uti possidetis. This chapter assesses the thirty-year practice on this issue. It distinguishes the serious violations of the substantive norms (the application of which rests upon the determination of boundaries in accordance with uti possidetis) by Russia from the practice of challenging the applicability of the uti possidetis principle upon accession to independence and the lawfulness of this process. The chapter concludes by claiming that the practice and opinio iuris reveal the continued adherence to the uti possidetis principle upon independence in the post-Soviet space.

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Photo by Christian Lue on Unsplash

Photo by Christian Lue on Unsplash

Why is it important?

The question of determining boundaries of former federal republics of the Soviet Union is essential as this pre-determines the application of substantive norms of international law, such as the principle of territorial integrity and prohibition of the threat or use of force. This issue is particularly relevant in light of ongoing Russia's aggression against Ukraine and other conflicts in the post-Soviet space.