Applicazione dei Diritti Umani negli Stati Contesi; Dall'Europa Orientale al Caucaso Meridionale

Human Rights enforcement mechanisms are not a monolith; the respect for those principles embodied within the Geneva Conventions and the European Convention of Human Rights find varying degrees of integration with domestic systems of internationally recognized and disputed states on both substantive grounds and with regard to the comprehension of the rule of law within those States. Recent contributions to the doctrines of customary international law brought forth by the case of Kosovo demands that the international community contend with the nature of remedial secession, with due regard to the spread of the hypothesis of remedial secession to the de facto States of Kosovo, Abkhazia, and Artsakh alike. It is from these justifications to remedial secession, as well as claims to secession in general, in which the disputed States of Kosovo, Transdniestria, Abkhazia, South Ossetia, and Artsakh find their nexus within the present discourse. Analysis of human rights commitments by those de facto States, the States in which they are internationally recognized as part and parcel of, and third States providing patronage may facilitate a rights balancing process between territorial integrity and self-determination, a process which has long been overlooked by the international community, despite its potential to facilitate conclusive settlements on the final status of those disputed States; The balancing of those rights are made in this essay with a view of securing the enforcement of the most inclusive and effective Human Rights standards available to those individuals living in disputed states.