Tuesday, June 26, 2012

Vidmar: South Sudan and the International Legal Framework Governing the Emergence and Delimitation of New States

Jure Vidmar (Univ. of Oxford - Law) has posted South Sudan and the International Legal Framework Governing the Emergence and Delimitation of New States (Texas International Law Journal, forthcoming). Here's the abstract:
This Article identifies and analyzes the legal framework relevant for South Sudan’s emergence as a state and its international delimitation. It demonstrates that independence stemmed from the domestic constitutional arrangement. Referring to the practice of confining new international borders, the Article also argues that, contrary to Sudan’s argument, the 1956 colonial boundary does not apply automatically. Of central importance is the latest internal boundary. This arrangement foresees an exception to the 1956 line but has not been determined in accordance with applicable law.