Case Study: South Ossetia
Christopher Waters, "Case Study: South Ossetia", in C. Walter et al,, eds., Self-Determination and Secession in International Law (Oxford: Oxford University Press, 2014).
Posted: 14 Oct 2014
Date Written: January 1, 2014
Abstract
This chapter provides a historical sketch of the events leading to the Georgia-Russia conflict of 2008, including South Ossetia’s de facto independence and gradual absorption by Russia. It then considers the legal status of South Ossetia under Soviet, Georgian and international law, and analyses the findings of the Independent International Fact-Finding Mission on the Conflict in Georgia. While the chapter concludes that South Ossetia’s right to self-determination does not, at this stage, include a right to secession, it argues that the emphasis now should be on restoring confidence between the parties and addressing humanitarian issues. This is a precondition for genuine negotiations over status within the international law framework on self-determination.
Keywords: South Ossetia, Secession, Georgia, Russia, Self-Determination, Abkhazia
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