Publication

This paper explores the legal implications of South Sudan’s quest for independence with regard to mediating the balance between the practice of self-determination and the principle of "uti possidetis". Under the "uti possidetis" principle, African states commit to upholding the colonial borders inherited at the time of independence. The author contends that the South Sudan case illustrates the emergence of a new human security-based approach for negotiating the tension between these principles. Furthermore, it is argued that this presents an opportunity for a principled response to other claims for self-determination on the continent.