ABSTRACT

As a case study, the Badinter Commission is interesting for a number of reasons. First, the Commission enjoyed unique legal foundations and a peculiar role in providing legal advice on issues relating to Yugoslavia's dissolution whilst those events were actually taking place. 1 Second, the Commission's role in the international community's attempts to resolve an intra-State conflict allows one to assess the viability of current approaches to such conflicts and the efficacy of existing dispute resolution procedures. Third, since the Commission was not composed of international law experts but constitutional lawyers, its jurisprudence provides insights of experts from another discipline and shows how their perspectives on the problems presented by Yugoslavia's dissolution may differ from a traditional international law approach.