Exploring the legality of the constitutional and independence referendums in Nagorno-Karabakh under international law

Bagheri, S. ORCID: https://orcid.org/0000-0002-9398-8067 (2021) Exploring the legality of the constitutional and independence referendums in Nagorno-Karabakh under international law. Nordic Journal of International Law, 90 (1). pp. 1-30. ISSN 1571-8107 doi: 10.1163/15718107-bja10020

Abstract/Summary

As a result of the constitutional referendum held on 20 February 2017 in the unrecognised Nagorno-Karabakh Republic, both the name and administration of the autonomous region of Nagorno-Karabakh changed. According to the new Constitution, adopted with an 87 per cent majority, Nagorno-Karabakh’s name is now the Republic of Artsakh, its Armenian name, and the system is changing from semi-presidential to presidential. This study discusses the legality of the referendum, the third since Nagorno-Karabakh was established in 1991; it evaluates the referendum in the context of the secession and the right to self-determination in international law. Having looked at similar cases, the article challenges the compatibility of all referenda held in the region with the uti possidetis juris principle and principle of territorial integrity under international law.