By Christopher P.M. Waters, James Green
This book addresses a number of points of the clash among Georgia and Russia over the breakaway sector of South Ossetia in August 2008, together with using strength, human rights, transnational litigation and foreign legislations 'rhetoric'. The details of the clash are explored along their wider implications for foreign order.
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Extra resources for Conflict in the Caucasus: Implications for International Legal Order (Euro-Asian Studies)
The Security Council created a peacekeeping mission in 1993 for Abkhazia (UNOMIG) and regularly extended its mandate, including in October 2008 and February 2009. In June 2009, however, Russia used its veto to prevent the continuation of the mission,35 highlighting – as if further evidence were needed – the sometimes debilitating nature of the P-5 veto. 36 Other organisations including, surprisingly, the Commonwealth of Independent States (CIS) and the Shanghai Co-operation Organisation (SCO) quickly sought to play a calming role after the outbreak of hostilities by calling on the parties to adopt a diplomatic, international-law based approach to the conflict.
45 South Ossetia was considered an ‘Autonomous Region’, with a lesser degree of autonomy,46 which meant, for example, that the Ossetian language could be used and taught in schools. With the end of the Cold War and the crumbling of the communist party governments in Eastern Europe, nationalist sentiments developed, especially from 1988 onwards, within the central Georgian SSR’s territory and also among the population of the Autonomous Region of South Ossetia. The South Ossetian regional council wanted to gain the same Autonomous Republic status as Abkhazia and Adjara, and a political party was formed with this aim.
35 However, there may be exceptional circumstances where there is no consultation, such as where the position is clear in all the circumstances and is not manipulated by a state, a government or international institutions. 36 In ensuring that the genuine will of the people is clear, it is important that the views of all within the group, including those of women and minorities, are heard and listened to equally. Limitations on the right of self-determination As with almost all human rights, the right of self-determination has limitations on its exercise.