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Zunanja Politika De Facto Držav V Post-Sovjetski Regiji

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Zunanja Politika De Facto Držav V Post-Sovjetski Regiji UNIVERZA V LJUBLJANI FAKULTETA ZA DRUŽBENE VEDE Mariam Vermishyan Foreign policy of de facto states in the post-Soviet region Zunanja politika de facto držav v post-sovjetski regiji Magistrsko delo Ljubljana, 2016 UNIVERZA V LJUBLJANI FAKULTETA ZA DRUŽBENE VEDE Mariam Vermishyan Mentorica: izr. prof. dr. Ana Bojinović Fenko Foreign policy of de facto states in the post-Soviet region Zunanja politika de facto držav v post-sovjetski regiji Magistrsko delo Ljubljana, 2016 ACKNOWLEDGEMENTS I would like to express my gratitude to my family for love, support and dedication. In addition, I greatly appreciate the contribution of my supervisor, Ana Bojinović Fenko, who has been patiently assisting and guiding me through all the stages of the thesis writing. Foreign policy of de facto states in the post-Soviet region The USSR dissolution in early 1990s along with the provoked internal decolonization has dramatically changed the regional political map and greatly affected the regional politics. Some of those newly emerged nation-states, though disposing definite attributes of statehood, are still short of the international recognition. This thesis discloses the way the breakaway entities of the post-Soviet area exercise the role of a State without the explicit recognition on behalf of the International Community. Particularly, the thesis shows the different foreign policy instruments implemented by the four de facto states cases of the post-Soviet region to enable sustainability of their statehood and improve their position in the international arena, given that they share a paramount foreign policy goal of recognition and a great dependence on Russia. In order to answer the research question the second chapter provides an overview of the theoretical and legal framework of the state-like entities, including the criteria for statehood and guidelines for recognition of a state. Each case study has a short excursus to the history of conflict between the breakaway republic and its paternal state – Nagorno Karabakh and Azerbaijan, Abkhazia and Georgia, South Ossetia and Georgia, and Transnistria and Moldova. Offered in the third chapter, the historical overview enables better comprehension of the circumstances in which the four de facto states’ have declared their independence from the paternal state. The final chapter examines the elements of statehood proposed by the Montevideo Convention of 1933 of each case study, making a specific emphasis on the ‘capacity to enter into relations with other states’. Applying a comparative method, the study provides a synthesis of foreign policy instruments implemented by the given de facto states. Key words: De facto state, post-Soviet region, foreign policy. Zunanja politika de facto držav v post-sovjetski regiji Razpad Sovjetske zveze v zgodnjih 90-ih letih 20. stoletja je skupaj z izzvano notranjo dekolonizacijo dramatično spremenil regionalni politični zemljevid in močno vplival na regionalno politiko. Nekatere izmed novo nastalih nacionalnih držav navkljub razpolaganju z jasno določenimi lastnostmi državnosti še vedno ne uživajo mednarodnega priznanja. Magistrsko delo razkriva pot, po kateri odcepljene entitete post-sovjetskega območja izvajajo vlogo države brez izrecnega priznavanja s strani mednarodne skupnosti. Ta raziskava se osredotoča na različna sredstva zunanje politike, uporabljena v primerih štirih de facto držav post-sovjetske regije za omogočanje trajnosti njihove državnosti in izboljšanje njihovega položaja v mednarodni skupnosti, glede na to, da si delijo mednarodno priznanje kot bistveni cilj zunanje politike in pa veliko odvisnost od Rusije. Da bi odgovorila na raziskovalno vprašanje, v drugem poglavje ponudim pregled teoretičnega in pravnega okvirja državam podobnih entitet, vključno s kriteriji državnosti in smernicami za mednarodno priznanje države. Vsaka od študij primera vključuje kratek pregled zgodovine konflikta med odcepljeno republiko in matično državo, in sicer med Gorskim Karabakhom in Azerbajdžanom, Abhazijo in Gruzijo, Južno Osetijo in Gruzijo, ter Transnistrijo in Moldavijo. V tretjem poglavju ponujeni zgodovinski pregled omogoča razumevanje okoliščin, v katerih so študije primerov štirih de facto držav razglasile neodvisnost od matičnih držav. V osrednjem empiričnem poglavju pa pregledam elemente državnosti, ki jih ponuja Konvencija iz Montevidea iz leta 1933 za vsako študijo primera s posebnim poudarkom na kriteriju državnosti 'sposobnost vstopanja v odnose z drugimi državami'. Z uporabo primerjalne metode, na koncu ponudim sintezo sredstev zunanje politike, uporabljenih s strani obravnavanih de facto držav, za izboljšanje njihovega položaja v mednarodni areni. Ključne besede: De facto države, post-Sovjetska regija, zunanja politika. CONTENTS ACRONYMS AND ABBREVIATIONS 7 1 INTRODUCTION 8 CHAPTER 2: PHENOMENON OF DE FACTO STATES 13 2.1 Distinction between states and state-like entities 13 2.1.1 Criteria of statehood within International law 13 2.1.2 Scientific approaches to definition of state and categories of entities 18 2.2 Challenges on the way to international recognition 22 2.2.1 Contradictions between principles of International Law 22 2.2.2 Procedure and elements of international recognition 25 CHAPTER 3: GENESIS OF MODERN DE FACTO STATES IN THE POST-SOVIET REGION 31 3.1 Historical background and efforts for conflict management 31 3.1.1 The Nagorno-Karabakh conflict 31 3.1.2 The Georgia-Abkhaz conflict 38 3.1.3 The Georgia-Ossetian conflict 46 3.1.4 The Transnistrian conflict 50 3.2 Summary 57 CHAPTER 4: CASE STUDIES: STATEHOOD ELIGIBILITY AND FOREIGN POLICY ANALYSIS 60 4.1 The Nagorno-Karabakh Republic 61 4.1.1 Statehood 61 4.1.2 Foreign Policy 63 4.2 The Republic of Abkhazia 69 4.2.1 Statehood 69 4.2.1 Foreign Policy 71 4.3 The South Ossetia 79 4.3.1 Statehood 79 4.3.2 Foreign Policy 81 4.4 The Pridnestrovian Moldavian Republic 87 4.4.1 Statehood 87 4.4.2 Foreign Policy 89 4.5 Comparative analysis of foreign policy instruments of the case studies 96 5 5 CONCLUSION 98 POVZETEK 101 6 LITERATURE 102 ANNEXE 148 LIST OF TABLES Table 4.1: Elements of statehood and foreign policy of the Nagorno-Karabakh Republic 68 Table 4.2: Elements of statehood and foreign policy of the Republic of Abkhazia 78 Table 4.3: Elements of statehood and foreign policy of the Republic of South Ossetia 86 Table 4.4: Elements of statehood and foreign policy of the Pridnestrovian Moldavian Republic 95 Table 4.5: Synthesis of statehood elements and foreign policy instruments 96 6 ACRONYMS AND ABBREVIATIONS AAK Assembly of Armenians of MASSR Moldovan Autonomous Soviet Karabakh Socialist Republic AzSSR Soviet Socialist Republic of MFA Ministry of Foreign Affairs Azerbaijan MG Minsk Group ASSR Armenian Soviet Socialist Republic MSSR Moldovan Soviet Socialist CSCE Commission on Security and Republic Cooperation in Europe NATO North Atlantic Treaty Organization CSTO Collective Security Treaty NKAO Nagorno-Karabakh Organization Autonomous Oblast CIS Commonwealth of Independent NKR Nagorno-Karabakh Republic States OGRF Operational group of Russian CISPKF Commonwealth of Independent forces States Peacekeeping Force OSCE Organization for Security and DRA Democratic Republic of Azerbaijan Cooperation in Europe ECHR European Court of Human Rights PACE Parliamentary Assembly of the ENP European Neighbourhood Policy Council of Europe EUMM European Union Monitoring PMR Pridnestrovian Moldavian Republic Mission in Georgia RA Republic of Armenia EU European Union RF Russian Federation EUBAM European Union Border RSFSR Russian Soviet Federative Assistance Mission to Moldova and Socialist Republic Ukraine RSO Republic of South Ossetia GSSR Georgian Soviet Socialist Republic UN United Nations ICJ International Court of Justice UNDP United Nations Development ICRC International Committee of Red Programme Cross and Red Crescent UNHCR United Nations High IL International law Commissioner for Refugees IR International relations UNOMIG United Nations Observer IO International organization Mission in Georgia JCC Joint Control Committee USAID U.S. Agency for JPKF Joint Peacekeeping Forces International Development USSR United Soviet Socialist Republics 7 1 INTRODUCTION The political map of the world is a constantly developing living organism, which is hard to keep from alternations. The states' borders gradually change as some territories lose sufficient control of state government and pursuing secessionist rhetoric strive to proclaim new authorities and declare independence. Thus, we observe how new states are emerging as a consequence of complex reasons, changing the outlook of the political map, though not always ending up with international recognition and adequate sovereignty of a new entity. The phenomenon of self-proclaimed states emerged at the turn of the XX century. Appearing most vividly during the three waves of decolonization (Huntington 1996), the process of national self-determination acquired momentum for further development by the collapse of the bipolar system of international relations. Since the early 1990s, new states have been proclaimed predominantly in the area of the former communist bloc, due to dissolution of the multinational states, namely Yugoslavia and the Soviet Union. By the demise on the background of the rise of national identity and secessionist movements were activated latent ethnic, religious and transborder conflicts, which stayed frozen for several decades. All the states of the region have undergone the process of a so-called "dual" transition: of both political and
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